Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

Practice Mode:
74.

Under which Section of the Civil Procedure Code a second appeal can be filed ?

A: Section 99
B: Section 99A
C: Section 100
D: Section 100A

The answer is: C

Explanation

The correct option is C: Section 100.

According to this section, a second appeal can be filed in 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. A substantial question of law is one that affects the rights of the parties and has not been settled by the Supreme Court or the High Court. A second appeal cannot be filed on the grounds of erroneous findings of fact or misapplication of law by the lower courts. A second appeal is a statutory right and not a natural right, and it can be subject to certain conditions or restrictions imposed by the legislature.