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Right To Appeal

A right to Appeal is neither natural nor an inherent right attached to the litigation. It is substantive statutory right to be regulate hud in accordance with the law. A questions of law will be a substantive question of law if it directly and substantially affect s the right of parties.

Art 132 states that under the present article,there is no scope for appeal unless there is some substantial questions of law as to the Interpretation of some provision of the constitution involved in the case. The constitutional question must arise upon the findings of either the High Court or Subordinate court.

Sudhir vs The King (1948)DLR(FC) 4
A substantial questions according to decision is raised only where a New Interpretation is suggested to a provision of the constitution.

State of J&K vs Ganga Singh Thakur, AIR 1960 SC 356(369): 1960(2) SCR 346

Written By: Adv.S Kundu
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