New Delhi, July 22, 2020: The Supreme Court bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna has reiterated that a High Court cannot allow Second Appeal without having formulated a substantial question of law and to decide the same on consideration, while setting aside a Kerala High Court judgment and the bench relegated the parties before the High Court for reconsideration of the Second Appeal on its own merits.

The Supreme Court Bench, while considering an appeal noted that no substantial question of law was formulated and the appeal was placed for consideration before the Court on the basis of question of law in the memorandum of appeal.

The Supreme Court Bench observed that mere error in framing a question of law would not render a judgment in Second Appeal liable to be set aside, if it is found that a substantial question of law existed and such question has in fact been answered by the High Court.

Setting aside the Kerala High Court order, the bench relegated the parties before the High Court for reconsideration of the Second Appeal on its own merits.

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