An appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. [Section 100 of C.P.C.]
Any question of law which affects the final decision in a case is a substantial question of law as between the parties. A question of law which arises incidentally or collaterally, having no bearing on final outcome, will not be a substantial question of law.
Even if there is a clear enunciation of law by Supreme Court or by the concerned High Court, but the lower Court had ignored or misinterpreted or misapplied the same, and correct application of the law as declared or enunciated by Supreme Court or the concerned High Court would have led to a different decision, the appeal would involve a substantial question of law as between the parties.
Even where there is an enunciation of law by Supreme Court or the concerned High Court and the same has been followed by the lower Court, if the appellant is able to persuade the High Court that the enunciated legal position needs reconsideration, alteration, modification or clarification or that there is a need to resolve an apparent conflict between two view points, it can be said that a substantial question of law arises for consideration. State Bank of India and Ors. Vs. S.N. Goyal – Supreme Court – May-02-2008