AIBE XIV — September 2019 — Q.93 (Code of Civil Procedure, 1908)

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Q.93

Code of Civil Procedure (CPC) Medium Act + Section Given

Bare Act Code of Civil Procedure, 1908 · Section 100

Second appeal under section 100 is applicable:

A Substantial question of law as formulated by the High Court

B Substantial question of law as not formulated by the High Court provided that if it is satisfied that the case involves such question

C An appellate decree passed Ex Parte

✓ All of the above Answer

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Explanation & Strategy

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Second appeal under Section 100 CPC lies only to the High Court, and only on a substantial question of law. No second appeal lies from a consent decree, decree of a Small Causes Court, or where the original decree was confirmed on first appeal without variation.

1 Look up the referenced provision in Code of Civil Procedure, 1908 to verify the answer.

At a Glance

Subject Code of Civil Procedure (CPC)

Difficulty Medium

Act Code of Civil Procedure, 1908

Section Section 100

Answer (D) Act + Section Given

Paper AIBE XIV — September 2019

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