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Question

When can an appeal lie to Supreme Court under Section 109 CPC?

                      I.        When the High Court certifies that the case involves a substantial question of law of general importance

                    II.        When the High Court certifies that the said question needs to be decided by the Supreme Court

                   III.        When Supreme Court feels that any issue has not been determined the High Court

A Only I Correct Answer Incorrect Answer
B Only II Correct Answer Incorrect Answer
C Only III Correct Answer Incorrect Answer
D Both I and II Correct Answer Incorrect Answer
E Both II and III Correct Answer Incorrect Answer

Solution

Section 109 CPC - When appeals lie to the Supreme Court—Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies— (i) that the case involves a substantial question of law of general importance; and (ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.

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