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SECTION 100, 100A OF CODE OF CIVIL PROCEDURE 1908

What is Second appeal? What is the meaning No further appeal in certain cases? Section 100 and 100A of Code of Civil Procedure 1908

Second appeal and No further appeal in certain cases are defined under Section 100 and 100A of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 100 of Code of Civil Procedure 1908 "Second appeal"

(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.

(2) An appeal may lie under this section from an appellate decree passed ex parte.

(3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.

(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question :

Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.

Section 100A of Code of Civil Procedure 1908 "No further appeal in certain cases"

Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any other law for the time being in force, where any appeal from an appellate decree or order is heard and decided by a single Judge of a High Court, no further appeal shall lie from the judgment, decision or order or such single Judge in such appeal or from any decree passed in such appeal.

Code of Civil Procedure 1908

What is Exemption from arrest and personal appearance? What is Execution of decree? Section 81 and 82 of Code of Civil Procedure 1908

When aliens may sue? When foreign State may sue? Section 83 and 84 of Code of Civil Procedure 1908

What is the meaning Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers? Section 85 of Code of Civil Procedure 1908

What are Suits against foreign Rulers, Ambassadors and Envoys? Section 86 of Code of Civil Procedure 1908

What is Style of foreign Rulers as parties to suits? Section 87 of Code of Civil Procedure 1908

Where interpleader suit may be reinstituted? What is Power to state case for opinion of Court? Section 88 and 90 of Code of Civil Procedure 1908

What are Public nuisances and other wrongful acts affecting the public? What are Public charities? Section 91 and 92 of Code of Civil Procedure 1908

What is Exercise of powers of Advocate? What are Supplemental Proceedings? Section 93 and 94 of Code of Civil Procedure 1908

What is Compensation for obtaining arrest, attachment or injunction on insufficient grounds? Section 95 of Code of Civil Procedure 1908

What is Appeal from original decree? What is Appeal from final decree where no appeal from preliminary decree? Section 96 and 97 of Code of Civil Procedure 1908

What is Decision where appeal heard by two or more Judges? Section 98 of Code of Civil Procedure 1908

What is the meaning of No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction? Section 99 of Code of Civil Procedure 1908

What is Second appeal? What is the meaning No further appeal in certain cases? Section 100 and 100A of Code of Civil Procedure 1908


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