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    Consider the following statements: 1. Where the High Court calls for the record of any case in its revisional jurisdiction, it operates as a stay o
    Question

    Consider the following statements:
    1. Where the High Court calls for the record of any case in its revisional jurisdiction, it operates as a stay of such case before the subordinate Court.
    2. No second appeal shall lie in money suits where the value of the subject matter does not exceed Rs. 25,000.
    3. A plaintiff cannot be allowed by the Court to sue afterward for any relief omitted by him in the suit.
    4. A plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court.
    Of the above statements:

    A.

    1, 2, and 3 are incorrect.

    B.

    2 and 3 are incorrect.

    C.

    1 and 3 are incorrect.

    D.

    1 and 4 are incorrect.

    Correct option is C


    1. Where the High Court calls for the record of any case in its revisional jurisdiction, it operates as a stay of such case before the subordinate Court. This statement is incorrect. Merely calling for the record of a case by the High Court in its revisional jurisdiction does not automatically operate as a stay of the proceedings before the subordinate Court. The stay must be specifically ordered by the High Court.
    2. No second appeal shall lie in money suits where the value of the subject matter does not exceed Rs. 25,000. This statement is correct as per the Civil Procedure Code (CPC), 1908. Section 102 bars second appeals in suits for recovery of money where the subject matter is below a specified threshold, which is Rs. 25,000.
    3. A plaintiff cannot be allowed by the Court to sue afterward for any relief omitted by him in the suit. This statement is incorrect. Order II Rule 2 of the CPC allows a plaintiff to sue for reliefs that were omitted in the previous suit, provided certain conditions are met. However, there are restrictions, such as the requirement that all reliefs related to the same cause of action must be sought at the same time.
    4. A plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court. This statement is correct. As per Section 6 of the CPC, a plaintiff may relinquish a part of his claim to bring the suit within the jurisdictional limits of a particular Court.
    Information Booster:
    1. Revision and stay: A High Court's decision to call for records in its revisional jurisdiction does not automatically stay proceedings unless an explicit stay order is issued.
    2. Second appeal in money suits: Section 102 of the CPC restricts second appeals in cases involving amounts below Rs. 25,000.
    3. Order II Rule 2 of CPC: This provision allows a plaintiff to omit claims in a suit, but if not done properly, it may bar the plaintiff from filing another suit for omitted reliefs.
    4. Relinquishing claims: Under Section 6 of CPC, a plaintiff has the option to relinquish part of his claim to fit within a Court’s jurisdictional limit.
    Additional Information:
    · Revisional Jurisdiction (Option 1): Merely calling for records does not stay proceedings; a separate order for stay is necessary.
    · Second Appeal (Option 2): No second appeal is permitted in money suits below the value specified by the statute (Rs. 25,000).
    · Omitted Relief (Option 3): Under Order II Rule 2, reliefs omitted can sometimes be claimed later, subject to legal restrictions
    Note- This question was deleted from the official answer key.

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