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TypeBare Act JurisdictionCentral Government

Code of Civil Procedure, 1908 Section 100

Secondappeal

~1 min read
https://sooperkanoon.com/act/16461

Bare act section · Research

About this section

Code of Civil Procedure, 1908 Section 100 is part of Code of Civil Procedure, 1908 - Secondappeal. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

1 [100. 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.]

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1. Substitude by Act 104 of 1976, section 37, for section 100 (w.e.f. 1-2-1977).

Frequently asked questions

What does Code of Civil Procedure, 1908 Section 100 provide?

Section Section 100 of the Code of Civil Procedure, 1908 (Secondappeal) is reproduced on this page as part of the Code of Civil Procedure, 1908. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Code of Civil Procedure, 1908 Section 100?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Code of Civil Procedure, 1908 Section 100. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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