In Santosh Hazari v. Purushottam Tiwari, (2001) 3 SCC 179, the Hon’ble Supreme Court considered what the phrase “substantial question of law” means as under:
“The phrase is not defined in the CivilProcedure 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 substances or consequence, or academic merely.”
A full bench of the Hon’ble Madras HighCourt in Rimmalapudi Subba Rao v. Noony Veeraju, AIR 1951 Mad 969 observed as under:
“When a question of law is fairly arguable, where there is room for difference of opinion or where the court thought it necessary to deal with that question at some length and discuss an alternative view, then the question would be a substantial question of law. On the other hand, if the question was practically covered by decision of highest court or if 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 case, it could not be a substantial question of law.”
It was further observed in Santosh Hazari v. Purushottam Tiwari, (2001) 3 SCC 179 as under:
“A point of law which admits of no two opinions may be a proposition of law but cannot be a substantial question of law. 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, in so far 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 substantial 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. I twill, therefore, depend on the facts and circumstances 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 life of any lis.” Ajay Kumar Jaiswal v. Sanjay Kumar Jaiswal, 2018 (130) ALR408.