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Criminal Procedure Code QUESTION #9523
Question 1
A trial Court tries a suit and passes a decree. An appeal is filed to the District Court which upholds the trial Court's decree. The losing party wants to challenge the District Court's decree. What is the next available remedy?
  • File a second appeal to the High Court on any ground
  • Directly petition the Supreme Court
  • File a review before the District Court
  • File a second appeal to the High Court on a substantial question of law only, under Section 100 CPC, since a second appeal on questions of fact alone is not maintainable✔️
Correct Answer Explanation
Section 100 CPC provides that a second appeal to the High Court lies only on a substantial question of law. Second appeals on pure questions of fact are not competent. The appellant must specifically formulate the substantial question of law at the time of filing.