79.
The answer is: C
Explanation
The correct answer is C: Second appeal can be on question of fact or law or both.
This statement is incorrect because a second appeal can only be filed on a substantial question of law, not on a question of fact or law or both. A question of law is substantial when it affects the rights of the parties and has a bearing on the final outcome of the case. A question of fact is one that relates to the existence or non-existence of a factual situation. A second appeal cannot be entertained by the High Court if it involves a re-appreciation of evidence or a finding of fact by the lower court.
The other statements are correct because:
- A: First appeal can be on question of fact or law or both. This statement is correct because a first appeal is a rehearing of the case by the appellate court, which can examine the evidence and the law afresh and arrive at its own conclusions. A first appeal can be filed on any ground, whether of fact or law or both, as long as it challenges the decree or judgment of the lower court.
- B: Second appeal can be on substantial question of law only. This statement is correct because a second appeal is a restricted appeal, which can only be filed on a substantial question of law, as defined in section 100 of the CPC. A second appeal cannot be filed on a question of law that is not substantial, or on a question of fact, or on a mixed question of fact and law.
- D: First appeal may or may not be in the High Court, Second appeal has to be in the High Court. This statement is correct because a first appeal can be filed in the district court or the High Court, depending on the value and nature of the suit, as prescribed in sections 96 and 97 of the CPC. A second appeal has to be filed in the High Court, as per section 100 of the CPC.