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Question

Under Section 100 of Civil Procedure Code 1908, second appeal lies to the High Court from every decree passed in appeal by any subordinate Court to the High Court if it involves:

A Question of Law Correct Answer Incorrect Answer
B Question of Fact Correct Answer Incorrect Answer
C Mixed Question of Law and Fact Correct Answer Incorrect Answer
D Substantial Question of Law. Correct Answer Incorrect Answer

Solution

As per Code of Civil Procedure S.100 (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, 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 .   ·         What is Substantial Question of Law? Substantial question of law in case of Second Appeals is a Question of law that will affect the rights of the parties and the final decision of the case. As held by the Supreme Court in the case of – Sir Chunilal V. Mehta & Sons Ltd. v. Century Spg. & Mfg. Co. Ltd ., that “a question of law would be a substantial question of law if it directly or indirectly affects the rights of parties and/or there is some doubt or difference of opinion on the issue”.

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