CHANDRABHAN (DECEASED) THROUGH LRS. & ORS.versusSARASWATI & ORS.

                          [2022] 7 S.C.R. 295                                295


   CHANDRABHAN (DECEASED) THROUGH LRS. & ORS.                                A
                                    v.
                        SARASWATI & ORS.
                    (Civil Appeal No. 6857 of 2022)
                        SEPTEMBER 22, 2022                                   B
    [INDIRA BANERJEE AND J. K. MAHESHWARI, JJ.]
       Code of Civil Procedure, 1908- s.100 – Second Appeal –
Appellant was adopted by his parental uncle at about the age of 14
years as per the rites and customs of the community – After death of
                                                                             C
his adoptive father, the appellant shifted to a nearby village, from
where he managed the properties – In 1979, his adoptive mother
gifted the disputed properties to his first wife – Appellant filed regular
civil suit praying for declaration of ownership of the suit properties
and perpetual injunction – Appellant examined himself and five
other witness to prove his adoption and his possession over the suit         D
properties – Trial court dismissed the suit – First Appellate Court
allowed regular appeal preferred by the appellant and decided that
appellant had been adopted and thus entitled to succeed the property
– High Court considered certain questions and allowed second
appeal – On appeal, held: There was no question of law, let alone
                                                                             E
any substantial question of law, involved in the Second Appeal –
On facts, it cannot be said that the First Appellate Court acted on
no evidence – There was no such infirmity in the reasoning of the
First Appellate Court which called for interference – The right of
appeal is not automatic but conferred by statute – The questions
raised in High Court, did not meet the tests laid down by Supreme            F
Court for holding that the questions are substantial questions of
law – Judgment and decree of the First Appellate Court restored.
       Substantial question of Law – Meaning and scope – Held –
To be ‘substantial’, a question of law must be debatable, not
previously settled by law of the land or a binding precedent, and            G
must have a material bearing on the decision of the case, if answered
either way, insofar as the rights of the parties before it are concerned
– It will depend on the facts and circumstance of each case whether
a question of law is a substantial one and involved in the case or
not, the paramount overall consideration being the need for striking
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                                   295
296            SUPREME COURT REPORTS                        [2022] 7 S.C.R.


A     a judicious balance between the indispensable obligation to do
      justice at all stages and impelling necessity of avoiding prolongation
      in the life of any lis.
            Allowing the appeal, the Court
            HELD: 1. There were no questions of law before the High
B     Court, not to speak of substantial questions of law. It is well settled
      that a Second Appeal under Section 100 of the Civil Procedure
      Code, 1908 (CPC) can only be entertained on a substantial
      question of law. [Paras 17 & 23][301-A-B; 302-E]
             2. The proper test for determining whether a question of
C     law raised in the case is substantial would be, whether it is of
      general public importance or whether it directly and substantially
      affects the rights of the parties and if so, whether it is either an
      open question in the sense that it is not finally settled by this
      Court. If the question is settled by the highest court or the general
D     principles to be applied in determining the question are well
      settled and there is a mere question of applying those principles
      or the question raised is palpably absurd, the question would not
      be a substantial question of law. [Para 31][305-F-H]
             3. To be ‘substantial’, a question of law must be debatable,
E     not previously settled by law of the land or a binding precedent,
      and must have a material bearing on the decision of the case, if
      answered either way, insofar as the rights of the parties before it
      are concerned. An entirely new point raised for the first time
      before the High Court is not a question involved in the case unless
      it goes to the root of the matter. It will, therefore, depend on the
F     facts and circumstance of each case whether a question of law is
      a substantial one and involved in the case or not, the paramount
      overall consideration being the need for striking a judicious
      balance between the indispensable obligation to do justice at all
      stages and impelling necessity of avoiding prolongation in the
G     life of any lis.[Para 32][306-A-D]
           4. In the present case, it cannot be said that the First
      Appellate Court acted on no evidence. Right of appeal is conferred
      by statute. When statute confers a limited right of appeal

H
 CHANDRABHAN (DECEASED) THROUGH LRS. & ORS. v.                          297
              SARASWATI & ORS.

restricted only to cases which involve substantial questions of         A
law, it is not open to this Court to sit in appeal over the factual
findings arrived at by the First Appellate Court. The questions
raised in High Court, did not meet the tests laid down by this
Court for holding that the questions are substantial questions of
law. There was no question of law, let alone any substantial
                                                                        B
question of law, involved in the Second Appeal. [Paras 34, 36 and
37][307-D, F-H]
      Sir Chunnilal V. Lal Mehta & Sons v. Century Spinning
      and Manufacturing Co. Ltd. AIR 1962 SC 1314 : [1962]
      Suppl. SCR 549; Hero Vinoth v. Seshammal (2006) 5
      SCC 545 : [2006] 2 Suppl. SCR 79 and Santosh Hazari               C
      v. Purushottam Tiwari (2001) 3 SCC 179 : [2001] 1
      SCR 948 – relied on.
      H.P. Pyarejan v. Dasappa (Dead) by LRs. and Others
      (2006) 2 SCC 496 : [2006] 2 SCR 120; Ram Prasad
      Rajak v. Nand Kumar & Bros. and Another (1998) 6                  D
      SCC 748 : [1998] 1 Suppl. SCR 12, Kshitish Chandra
      Purkait v. Santosh Kumar Purkait and Others (1997) 5
      SCC 438 : [1998] 1 Suppl. SCR 1, Rimmalapudi Subba
      Rao v. Noony Veeraju and Ors. AIR 1951 Mad 969 –
      referred to.                                                      E
                       Case Law Reference
[2006] 2 SCR 120               referred to          Para 23
[1998] 1 Suppl. SCR 12          referred to         Para 24
[1998] 1 Suppl. SCR 1          referred to          Para 25             F
[1962] Suppl. SCR 549          relied on            Para 27
[2006] 2 Suppl. SCR 79         relied on            Para 29
[2001] 1 SCR 948               relied on            Para 32
      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6857               G
of 2022.
       From the Judgment and Order dated 11.01.2016 of the High Court
of Judicature at Bombay, Bench at Aurangabad in Second Appeal No.
45 of 1995.
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298            SUPREME COURT REPORTS                           [2022] 7 S.C.R.


A           Sandeep Sudhakar Deshmukh, Nar Hari Singh, Advs. for the
      Appellants.
            Uday B. Dube, Kaustubh Dube, Advs. for the Respondents.
            The Judgment of the Court was delivered by
B           INDIRA BANERJEE, J.
            1. Leave granted.
             2. This appeal filed by the Original Plaintiff, Chandrabhan, (since
      deceased, represented by his legal representatives), is against a final
      judgment and order dated 11th January 2016 passed by the Aurangabad
C     Bench of the High Court of Judicature at Bombay, allowing Second
      Appeal No. 45 of 1995 filed by the Respondents, reversing the judgment
      and order dated 10th November 1994 passed by the Additional District
      Judge, Beed, in Regular Civil Appeal No.361 of 1984 and dismissing
      Regular Civil Suit No. 198 of 1979 filed by the Original Plaintiff praying
D     for the relief of declaration of ownership and perpetual injunction in
      respect of the suit property.
            3. Sambhaji, grandfather of the Original Plaintiff, Chandrabhan
      had two sons, Baliram and Rambhau. Baliram was the elder of the two
      sons of Sambhaji. The Original Defendant No.1 Yamunabai, was the
      wife of Baliram.
E
             4. Baliram and Yamunabai (Original Defendant No.1) were
      childless, Rambhau, younger brother of Baliram however had two sons,
      Digamber and Chandrabhan (Original Plaintiff).
             5. Since Baliram and Yamunabai were childless, Baliram decided
F     to adopt his nephew, Chandrabhan (Original Plaintiff). Chandrabhan
      (Original Plaintiff) was Baliram’s younger brother Rambhau’s son, as
      noted above. It is stated that Baliram and Rambhau had mutually agreed
      that Baliram would adopt Rambhau’s son, Chandrabhan (Original
      Plaintiff).
G            6. In the plaint, it was pleaded that the Original Plaintiff,
      Chandrabhan was adopted by his uncle Baliram, in accordance with the
      rites and customs of the community, in a ceremony attended by relatives,
      neighbours and friends. According to the Appellants, the Original Plaintiff
      Chandrabhan was about 14 years of age at the time of his adoption by
      his paternal uncle Baliram, who became his adoptive father.
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 CHANDRABHAN (DECEASED) THROUGH LRS. & ORS. v.                                    299
      SARASWATI & ORS. [INDIRA BANERJEE, J.]

      7. Baliram died intestate, in 1951, about six months after he adopted       A
the Original Plaintiff. After the death of his adoptive father Baliram, the
Original Plaintiff Chandrabhan shifted to a nearby village, from where
he managed the properties left by Baliram. The Original Defendant No.2
Champabai is the first wife of the Original Plaintiff, Chandrabhan. In
1979, the Original Defendant No. 1, Yamunabai, wife of Baliram
                                                                                  B
purportedly gifted the suit properties to the Original Defendant No. 2
Champabai, wife of the Original Plaintiff.
       8. On 8th May 1979, the Original Plaintiff filed Regular Civil Suit
No. 198 of 1979, in the Court of the Civil Judge, Senior Division, at Beed,
Maharashtra against the Original Defendant No.1 being Yamunabai,
the wife of Baliram and the Original Defendant No.2 being Champabai,              C
his own first wife praying for declaration of ownership of the suit properties,
perpetual injunction and other reliefs. The Original Defendants filed their
written statements in the suit contending that the Original Plaintiff had
not been adopted by Baliram.
       9. The Respondent Nos. 1 to 4 being the Original Defendant Nos.            D
3 to 6 in the suit, filed their written statement in the suit supporting the
stand of the Original Defendant Nos. 1 and 2.
       10. The Original Plaintiff examined himself as well as five other
witnesses, including Prabhu Yogiraj Swami, the priest who conducted
the rituals at the time of adoption, to prove that he had been adopted by         E
Baliram. The Original Plaintiff also examined Shahurao Tulsiram Dhas
to prove that he had the possession and cultivation of the suit lands. The
Respondents, on the other hand, examined Original Defendant No.2,
Champabai and several others to establish that the Original Plaintiff
had not been legally and/or validly adopted by Baliram.                           F
      11. The Civil Judge, Junior Division, Beed, Maharashtra being
the Trial Court dismissed the Regular Civil Suit No. 198 of 1979, by a
judgment and order dated 31st July 1984.
       12. On 5th November 1984, the Original Plaintiff filed an appeal
being Regular Civil Appeal No.361 of 1984 in the Court of the Additional          G
District Judge, Beed, Maharashtra being the First Appellate Court. By a
judgment and order dated 10th November 1994, the First Appellate Court
allowed the Regular Civil Appeal No.361 of 1984 and set aside the
judgment and order dated 31st July 1984 of the Trial Court whereby
Regular Civil Suit No.198 of 1979 had been dismissed.
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300             SUPREME COURT REPORTS                              [2022] 7 S.C.R.


A           13. The First Appellate Court, after considering the evidence on
      record, concluded that the Original Plaintiff had been adopted by Baliram
      and thus entitled to succeed the property of Baliram after his death.
              14. The Respondent Nos.1 to 4, being the Original Defendant
      Nos. 3 to 6, in the suit, who were purchasers pendente lite of the suit property
B     filed a Second Appeal No.45 of 1995 in the High Court of Judicature at
      Bombay (Aurangabad Bench). The Original Defendant No.1 and the
      Original Defendant No.2 did not challenge the order passed by the First
      Appellate Court.
             15. The High Court admitted the Second Appeal, which was heard
C     at length and allowed by a judgment and order dated 11 th January 2016,
      which is impugned in this appeal before us.
             16. The High Court considered the following questions.
             “(I) Whether the first appellate Court has committed error in
             not considering the circumstance that other transactions of
D            sale made by the defendant No.1 in respect of three
             agricultural lands like Survey Nos.86/1, 100/3 and 109/2
             which were left behind by Baliram are not challenged by the
             plaintiff in the suit?
             (II) Whether the first appellate Court has committed error in
E            not considering the circumstance that after the death of
             Baliram name of defendant No.1 only was mutated in the
             revenue record as successor of Baliram and the name of the
             plaintiff was not entered as successor of Baliram?
             (III) Whether the first appellate Court has committed error in
F            not considering the circumstance that the cooperative credit
             society could not have given loan to the plaintiff on the lands
             left behind by Baliram as plaintiff was not shown as owner in
             the revenue record and further there is the circumstance that
             it is defendant No.1 who had repaid the loan?
G            (IV) Whether the first appellate Court has committed error in
             not giving due weight to the circumstance like plaintiff never
             used name of Baliram as his father anywhere and he
             continued to use the name of his natural father Rambhau?
             (V) Whether due to absence of specific pleadings with regard
H            to particulars of adoption and due to inconsistencies in the
 CHANDRABHAN (DECEASED) THROUGH LRS. & ORS. v.                                   301
      SARASWATI & ORS. [INDIRA BANERJEE, J.]

       evidence of the witnesses it can be said that there is sufficient         A
       evidence to prove the factum of adoption?”
       17. We find there were no questions of law before the High Court,
not to speak of substantial questions of law.
       18. Admittedly, evidence was adduced at the trial. The Original
Plaintiff examined himself as witness and examined five other witnesses.         B
The Original Plaintiff gave evidence of adoption. The second witness
Trivenibai, wife of Digamber, the brother of the Original Plaintiff,
Chandrabhan stated that there was an adoption ceremony held at the
residence of Rambhau. She also stated that the Original Plaintiff
Chandrabhan had performed the last rites of Baliram as his adopted               C
son. The other witnesses also deposed that they had attended the ceremony
at which the Original Plaintiff Chandrabhan had been given in adoption
to Baliram. The Trial Court rejected the contention of the Plaintiff on the
ground of contradiction and inconsistencies in the evidence.
       19. The Trial Court also found that the performance of the essential      D
requisites of adoption, such as giving in adoption and taking in adoption
had not been established.
       20. The First Appellate Court re-analysed the evidence and found
that some discrepancies and inconsistencies were natural since the
adoption had taken place in 1950 and evidence was taken in 1984, about           E
34 years later. Thereby, some inconsistencies were only natural.
     21. The finding of the First Appellate Court that the Original Plaintiff,
Chandrabhan was the adopted son of Baliram was based on :-
       (i)     The evidence of Trivenibai (PW-2), wife of the Original
               Plaintiff, Chandrabhan’s elder brother Digambar,                  F
       (ii)    The evidence of the priest, Prabhu Yogiraj Swami who
               conducted the ceremony of adoption. (PW-6).
       (iii)   The admission that PW-6 was the family priest who
               performed rituals of the community to which the parties
               belonged.                                                         G

       (iv)    Evidence that the Original Plaintiff, Chandrabhan had been
               residing in the house of Baliram.
       (v)     The Original Plaintiff Chandrabhan’s name shown as
               Chandrabhan Baliram in registers and documents dating             H
               back 1960-61.
302                SUPREME COURT REPORTS                        [2022] 7 S.C.R.


A              (vi)    The fact that Champabai, the first wife of the Original
                       Plaintiff was residing with Original Defendant No.1,
                       Yamunabhai.
               (vii)   The properties of Rambhau were inherited by Digamber
                       alone– the Original Plaintiff did not get any share in the
B                      properties.
               (viii) Evidence of PW-7, Bansi Hajare who had been Secretary
                      of the Ghargaon society for the period from 1961 to 1963,
                      mentioned that there was a crop loan account of
                      Chandrabhan Baliram by Sl. No.35 in his register. The
C                     register shows that Chandrabhan Baliram repaid loan of
                      Rs.150/- by 31st July 1961.
              22. The Original Plaintiff re-married one Shivganga while
      Champabai the first wife continued to reside with the Original Plaintiff
      as stated in her evidence. Champabai had stated that the Original Plaintiff,
D     Shivganga and her were residing together. The use of the middle name,
      which is the father’s name, as Baliram instead of Rambhau after
      Chandrabhan, gave rise to inference of adoption of Chandrabhan by
      Baliram.
            23. It is well settled that a Second Appeal under Section 100 of
E     the Civil Procedure Code, 1908 (CPC) can only be entertained on a
      substantial question of law. In H.P. Pyarejan v. Dasappa (Dead) by
      LRs. and Others1, this Court held:-
               “16. In our opinion, therefore, the judgment of the High Court
               suffers from serious infirmities. It suffers from the vice of
F              exercise of jurisdiction which did not vest in the High Court
               under the law. Under Section 100 of the Code (as amended in
               1976) the jurisdiction of the High Court to interfere with the
               judgments of the courts below is confined to hearing on
               substantial questions of law. Interference with finding of fact
               by the High Court is not warranted if it involves
G              reappreciation of evidence (see Panchugopal Barua v. Umesh
               Chandra Goswami [(1997) 4 SCC 713] and Kshitish Chandra
               Purkait v. Santosh Kumar Purkait [(1997) 5 SCC 438]). The
               High Court has not even discussed any evidence. No basic
               finding of fact recorded by the courts below has been reversed
H     1
          (2006) 2 SCC 496
    CHANDRABHAN (DECEASED) THROUGH LRS. & ORS. v.                          303
         SARASWATI & ORS. [INDIRA BANERJEE, J.]

         much less any reason assigned for taking a view contrary to       A
         that taken by the courts below. The finding on the question
         of readiness and willingness to perform the contract which is
         a mixed question of law and fact has been upset. It is
         statutorily provided by Section 16(1)(c) of the Act that to
         succeed in a suit for specific performance of a contract the
                                                                           B
         plaintiff shall aver and prove that he has performed and has
         always been ready and willing to perform the essential terms
         of the contract which were to be performed by him other than
         the terms the performance of which has been prevented or
         waived by the defendant.”
       24. In Ram Prasad Rajak v. Nand Kumar & Bros. and                   C
Another2, this Court held that, “Once the proceeding in the High Court
is treated as a Second Appeal under Section 100 CPC, the restrictions
prescribed in the said Section would come into play. The High Court
could and ought to have dealt with the matter as a Second Appeal and
found out whether a substantial question of law arose for consideration.   D
Unless there was a substantial question of law, the High Court had no
jurisdiction to entertain the Second Appeal and consider the merits.”
      25. In Kshitish Chandra Purkait v. Santosh Kumar Purkait
and Others3, this Court held that existence of substantial question of
law was the sine qua non for the exercise of jurisdiction under Section    E
100 of the CPC.
         26. In Kshitish Chandra Purkait (supra), this Court held:-
         “10. We would only add that (a) it is the duty cast upon the
         High Court to formulate the substantial question of law
         involved in the case even at the initial stage; and (b) that in   F
         (exceptional) cases, at a later point of time, when the Court
         exercises its jurisdiction under the proviso to sub-section (5)
         of Section 100 CPC in formulating the substantial question
         of law, the opposite party should be put on notice thereon
         and should be given a fair or proper opportunity to meet the      G
         point. Proceeding to hear the appeal without formulating the
         substantial question of law involved in the appeal is illegal
         and is an abnegation or abdication of the duty cast on court;
2
    (1998) 6 SCC 748
3
    (1997) 5 SCC 438                                                       H
304            SUPREME COURT REPORTS                         [2022] 7 S.C.R.


A           and even after the formulation of the substantial question of
            law, if a fair or proper opportunity is not afforded to the
            opposite side, it will amount to denial of natural justice. The
            above parameters within which the High Court has to exercise
            its jurisdiction under Section 100 CPC should always be borne
            in mind. We are sorry to state that the above aspects are
B
            seldom borne in mind in many cases and second appeals are
            entertained and/or disposed of, without conforming to the
            above discipline.”
            27. The guidelines to determine what is a substantial question of
      law within the meaning of Section 100 CPC has been laid down by this
C     Court in Sir Chunnilal V. Lal Mehta & Sons v. Century Spinning and
      Manufacturing Co. Ltd.4
             28. In Sir Chunilal V. Mehta and Sons (supra), this Court agreed
      with and approved a Full Bench judgment of the Madras High Court in
      Rimmalapudi Subba Rao v. Noony Veeraju and Ors.5 which laid down
D     the principles for deciding when a question of law becomes a substantial
      question of law.
             29. In Hero Vinoth v. Seshammal 6, this Court followed Sir
      Chunilal v. Mehta & Sons (supra) and other judgments and summarized
      the tests to find out whether a given set of questions of law were mere
E     questions of law or substantial questions of law.
            30. The relevant paragraphs of the judgment of this Court in Hero
      Vinoth (supra) are set out herein below:
            “21. The phrase “substantial question of law”, as occurring
F           in the amended Section 100 CPC is not defined in the Code.
            The word substantial, as qualifying “question of law”, means
            of having substance, essential, real, of sound worth,
            important or considerable. It is to be understood as something
            in contradistinction with technical, of no substance or
            consequence, or academic merely. However, it is clear that
G           the legislature has chosen not to qualify the scope of
            “substantial question of law” by suffixing the words “of
            general importance” as has been done in many other
      4
        AIR 1962 SC 1314
      5
        AIR 1951 Mad 969
      6
H       (2006) 5 SCC 545
 CHANDRABHAN (DECEASED) THROUGH LRS. & ORS. v.                                    305
      SARASWATI & ORS. [INDIRA BANERJEE, J.]

       provisions such as Section 109 of the Code or Article 133(1)(a)            A
       of the Constitution. The substantial question of law on which
       a second appeal shall be heard need not necessarily be a
       substantial question of law of general importance. In Guran
       Ditta v. Ram Ditta 55IA 235 : AIR 1928 PC 172] the phrase
       “substantial question of law” as it was employed in the last
                                                                                  B
       clause of the then existing Section 100 CPC (since omitted by
       the Amendment Act, 1973) came up for consideration and
       their Lordships held that it did not mean a substantial question
       of general importance but a substantial question of law which
       was involved in the case. In Sir Chunilal case [1962 Supp (3)
       SCR 549 : AIR 1962 SC 1314] the Constitution Bench expressed               C
       agreement with the following view taken by a Full Bench of the
       Madras High Court in Rimmalapudi Subba Rao v. Noony
       Veeraju [AIR 1951 Mad 969 : (1951) 2 MLJ 222 (FB)] : (Sir
       Chunilal case [1962 Supp (3) SCR 549 : AIR 1962 SC 1314],
       SCR p. 557)
                                                                                  D
          “[W]hen a question of law is fairly arguable, where there
          is room for difference of opinion on it or where the Court
          thought it necessary to deal with that question at some
          length and discuss alternative views, then the question
          would be a substantial question of law. On the other hand
          if the question was practically covered by the decision of              E
          the highest court or if the general principles to be applied
          in determining the question are well settled and the only
          question was of applying those principles to the particular
          fact of the case it would not be a substantial question of
          law.”                                                                   F
        31. The proper test for determining whether a question of law
raised in the case is substantial would be, whether it is of general public
importance or whether it directly and substantially affects the rights of
the parties and if so, whether it is either an open question in the sense
that it is not finally settled by this Court. If the question is settled by the   G
highest court or the general principles to be applied in determining the
question are well settled and there is a mere question of applying those
principles or the question raised is palpably absurd, the question would
not be a substantial question of law.

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306               SUPREME COURT REPORTS                             [2022] 7 S.C.R.


A             32. To be ‘substantial’, a question of law must be debatable, not
      previously settled by law of the land or a binding precedent, and must
      have a material bearing on the decision of the case, if answered either
      way, insofar as the rights of the parties before it are concerned. To be a
      question of law “involving in the case” there must be first, a foundation
      for it laid in the pleadings and the question should emerge from the
B
      sustainable findings of fact arrived at by court of facts and it must be
      necessary to decide that question of law for a just and proper decision of
      the case. An entirely new point raised for the first time before the High
      Court is not a question involved in the case unless it goes to the root of
      the matter. It will, therefore, depend on the facts and circumstance of
C     each case whether a question of law is a substantial one and involved
      in the case or not, the paramount overall consideration being the need
      for striking a judicious balance between the indispensable obligation to
      do justice at all stages and impelling necessity of avoiding prolongation in
      the life of any lis. (See Santosh Hazari v. Purushottam Tiwari7).
D            33. The principles relating to Section 100 of the CPC relevant for
      this case may be summarised thus:
               (i) An inference of fact from the recitals or contents of a document
               is a question of fact. But the legal effect of the terms of a document
               is a question of law. Construction of a document involving the
E              application of any principle of law, is also a question of law.
               Therefore, when there is misconstruction of a document or wrong
               application of a principle of law in construing a document, it gives
               rise to a question of law.
               (ii) The High Court should be satisfied that the case involves a
F              substantial question of law, and not a mere question of law. A
               question of law having a material bearing on the decision of the
               case (that is, a question, answer to which affects the rights of
               parties to the suit) will be a substantial question of law, if it is not
               covered by any specific provisions of law or settled legal principle
               emerging from binding precedents and involves a debatable legal
G              issue. A substantial question of law will also arise in a contrary
               situation, where the legal position is clear, either on account of
               express provisions of law or binding precedents, but the court below
               has decided the matter, either ignoring or acting contrary to such
               legal principle. In the second type of cases, the substantial question
      7
H         (2001) 3 SCC 179
 CHANDRABHAN (DECEASED) THROUGH LRS. & ORS. v.                                307
      SARASWATI & ORS. [INDIRA BANERJEE, J.]

      of law arises not because the law is still debatable, but because       A
      the decision rendered on a material question, violates the settled
      position of law.
      (iii) The general rule is that the High Court will not interfere with
      findings of facts arrived at by the courts below. But it is not an
      absolute rule. Some of the well-recognised exceptions are where         B
      (i) the courts below have ignored material evidence or acted on no
      evidence; (ii) the courts have drawn wrong inferences from proved
      facts by applying the law erroneously; or (iii) the courts have
      wrongly cast the burden of proof. When we refer to “decision
      based on no evidence”, it not only refers to cases where there is a
      total dearth of evidence, but also refers to any case, where the        C
      evidence, taken as a whole, is not reasonably capable of supporting
      the finding.
      34. In this case, it cannot be said that the First Appellate Court
acted on no evidence. The Respondents in their Second Appeal before
the High Court did not advert to any material evidence that had been          D
ignored by the First Appellate Court. The Respondents also could not
show that any wrong inference had been drawn by the First Appellate
Court from proved facts by applying the law erroneously.
       35. In this case, as observed above, evidence had been adduced
on behalf of the Original Plaintiff as well as the Defendants. The First      E
Appellate Court analysed the evidence carefully and in effect found that
the Trial Court had erred in its analysis of evidence and given undue
importance to discrepancies and inconsistencies, which were not really
material, overlooking the time gap of 34 years that had elapsed since the
date of the adoption. There was no such infirmity in the reasoning of the     F
First Appellate Court which called for interference.
       36. Right of appeal is not automatic. Right of appeal is conferred
by statute. When statute confers a limited right of appeal restricted only
to cases which involve substantial questions of law, it is not open to this
Court to sit in appeal over the factual findings arrived at by the First      G
Appellate Court.
       37. The questions raised in High Court, did not meet the tests laid
down by this Court for holding that the questions are substantial questions
of law. We are constrained to hold that there was no question of law, let
alone any substantial question of law, involved in the Second Appeal.
                                                                              H
308              SUPREME COURT REPORTS                       [2022] 7 S.C.R.


A           38. The appeal is, for the reasons, as discussed above, allowed.
      The impugned judgment and order is set aside and the judgment and
      order/decree of the First Appellate Court in Regular Civil Appeal No.361
      of 1984 is restored.

B     Bibhuti Bhushan Bose                                       Appeal allowed.
      (Assisted by : Shubhanshu Das, LCRA)




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