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Criminal Procedure Code QUESTION #9502
Question 1
A plaintiff sues on a bond. The defendant pleads payment. The Court holds that payment has been proved and dismisses the suit. The plaintiff appeals. The appellate Court, without additional evidence, reverses the trial Court and decrees the suit. The defendant files a second appeal. Is the second appeal competent?
  • No; second appeals on questions of fact are generally not entertained
  • Yes; a second appeal lies only if the High Court is satisfied that the case involves a substantial question of law, such as improper appreciation of evidence to the point of legal error, or if the appellate Court reversed findings without lawful basis✔️
  • No; second appeals are never maintainable in money suits
  • Yes; any party aggrieved by an appellate decree can file a second appeal
Correct Answer Explanation
Section 100 CPC provides that a second appeal lies only on a substantial question of law. However, if the first appellate Court misapplied legal principles in appreciating evidence or reversed findings of fact without reasoning, that can itself constitute a substantial question of law. The second appeal is competent if such a question is involved.