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Which of the following requires there to be a ‘substantial question of law’?
Question

Which of the following requires there to be a ‘substantial question of law’?

A.

First appeal.

B.

Second appeal.

C.

Writ petition before the High Court.

D.

All these.

Correct option is B

Under Section 100 of the Code of Civil Procedure, 1908 (CPC), a Second Appeal to the High Court can only be entertained if it involves a substantial question of law. The High Court must be satisfied that such a question exists and record it in its order granting admission to the appeal.

  • A First Appeal (under Section 96 CPC) does not require the existence of a substantial question of law; it is based on both factual and legal issues.
  • Similarly, Writ petitions under Articles 226 and 227 of the Constitution are not contingent upon a substantial question of law.

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