Section 100 in The Code of Civil Procedure

Title: Second appeal

Description: 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.] STATE AMENDMENT Kerala. In sub-section (1) of section 100 of the Principal Act, after clause (c), the following clause shall be added, namely: (d) the finding of the lower appellate court on any question of fact material to the right decision of the case on the merits being in conflict with the finding of the Court of first instance on such question. [Vide Kerala Act 13 of 1957 sec. 4.] 1. Subs. by s. 37, ibid., for section 100 (w.e.f. 1-2-1977).

Title: No further appeal in certain cases

Description: 1[100A. No further appeal in certain cases.--Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgment and decree of such Single Judge.] 1. Subs. by Act 22 of 2002, s. 4, for section 100 A (w.e.f 1-7-2002).

Title: Second appeal on no other grounds

Description: No second appeal shall lie except on the ground mentioned in section 100.

Title: No second appeal in certain cases

Description: 1[102. No second appeal in certain cases.--No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.] 1. Subs. by s. 5, ibid., for section 102 (w.e.f. 1-7-2002).

Title: Power of High Court to determine issues of fact

Description: 1[103. Power of High Court to determine issue of fact.--In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,-- (a) which has not been determined by the lower Appellate Court or both by the Court of first instance and the lower Appellate Court, or (b) which has been wrongly determined by such Court or Courts by reason of a decision on such question of law as is referred to in section 100.] 1. Subs. by Act 104 of 1976, s. 40, for section 103 (w.e.f. 1-2-1977).