A party aggrieved by a decree passed by an appellate court may prefer to appeal to the High Court to which the appellate court is subordinate. Appeal to a High Court from a decree of an appellate court subordinate to it is called a second appeal. Such an appeal is allowed on any of the following grounds, namely:

 

  • the decision is contrary to law or to some usage having the force of law;
  • the decision failed to determine some material issue of law or usage having the force of law
  • a substantial error or defect in procedure which may possibly have produced a defect in the decision of the case on the merits, as where a document which requires registration, but is not registered, is admitted in evidence.

 

A second appeal lies only on the grounds mentioned above. A second appeal does not lie on the ground of erroneous finding of fact.