Part 7 MCQ Quiz - Objective Question with Answer for Part 7 - Download Free PDF

The correct answer is ​Substantial question of law

Key Points

• Under Section 100 of the Civil Procedure Code, 1908, a second appeal to the High Court is not maintainable on every issue. It is strictly limited to cases involving a “substantial question of law.”
• Key Points:
  • Second appeal is an appeal against the decision of the first appellate court.
  • The High Court must be satisfied that the case involves a substantial question of law before admitting the appeal.
  • The High Court is not permitted to reappreciate facts unless they relate to the substantial legal question.
• What is a “Substantial Question of Law”?
  • It must be:
    • Of general public importance, or
    • Affecting the rights of the parties significantly, or
    • A question that has not been settled by precedent, or where courts have differed.

Additional Information

• Option 1. Question of fact – Not sufficient for second appeal; only trial or first appeal considers factual disputes.
• Option 3. Both on question of fact and law – Second appeal is not permitted on mixed or factual issues unless linked to a substantial legal question.
• Option 4. Mixed question of law and fact – Still not enough unless it raises a substantial legal issue.

The correct answer Section 100 

Key Points Section 100 – Second Appeal

• Except where otherwise specifically provided in this Code or any prevailing law, a second appeal shall lie to the High Court from any appellate decree passed by a court subordinate to it, only if the High Court is satisfied that the case involves a substantial question of law.
• A second appeal may also lie against an appellate decree passed ex parte (in the absence of one party).
• The memorandum of appeal must clearly and precisely mention the substantial question of law involved in the appeal.
• If the High Court is satisfied that a substantial question of law arises, it shall formulate that question.
• The appeal shall be heard on the basis of the question so formulated. During the hearing, the respondent shall be permitted to argue that the case does not involve such a question.
• Proviso: However, this does not limit the Court’s power to hear the appeal on any other substantial question of law, even if not previously formulated, provided the Court records its reasons and is satisfied that such a question is involved.

Legal representative under Section 2(11) of C.P.C. means a person who in law represents the estate of the deceased.

Key Points

• Legal representative under Section 2(11) of C.P.C.:
  • According to Section 2(11) of the Code of Civil Procedure (C.P.C.), a legal representative is defined as a person who in law represents the estate of a deceased person.
  • This includes any person who intermeddles with the estate of the deceased, and where a party sues or is sued in a representative character, the person on whom the estate devolves upon the death of the party so suing or sued.

Additional Information

• Relative of parties to the suit:
  • A relative of the parties to the suit is not necessarily a legal representative unless they are specifically representing the estate of the deceased party.
• Co-sharer of the benefits assuming to the parties to the suit:
  • A co-sharer may have an interest in the benefits from the suit but does not qualify as a legal representative unless they legally represent the estate of the deceased.
• None of the above:
  • This option is incorrect because the correct definition of a legal representative is provided in option 3, which accurately describes a person who in law represents the estate of the deceased.

The correct answer is Second Appeal 

Key Points

• Background of the Case: In Union of India v. Diler Singh, the Supreme Court addressed the procedural aspects concerning the maintainability and scope of a second appeal under Section 100 of the Code of Civil Procedure (CPC), 1908.
• Legal Issue: The central question was whether the High Court was justified in entertaining a second appeal without formulating a substantial question of law, as mandated by Section 100 CPC.
• Supreme Court's Observation: The Supreme Court emphasized that the High Court must strictly adhere to the procedural requirement of formulating substantial questions of law before proceeding with a second appeal.
• Outcome: The Supreme Court set aside the High Court's judgment due to non-compliance with the procedural mandate and restored the judgment of the first appellate court.

Additional Information

• Restitution: Incorrect – The case did not involve the principle of restitution or the return of benefits received under a judgment.
• Res Judicata: Incorrect – The doctrine of res judicata, which bars re-litigation of the same issue, was not the focus of this case.
• Suit against Government: Incorrect – While the Union of India was a party, the case centered on appellate procedure, not on the nuances of suing the government.

The correct answer is Option 4.

Key Points

• Section 96 of the Civil Procedure Code deals with 'Appeals from the original decree'. 
• Appeals lie from decrees passed by a Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.
• Appeals may lie from original decrees passed ex-parte.
• No appeal lies from a decree passed by the Court with the consent of parties.
• However, no appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.

The correct answer is option 3.Key Points

• Second appeal implies appeal from appellate decree.
• Section 100 says 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.
  • An appeal may lie under this section from an appellate decree passed ex parte.
  • In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
  • Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.
  • 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
• Section 102 says 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.

The correct option is Appeal.

Key Points

• Appeal has not been defined in the Civil Procedure Code.
• It is a complaint which is made to a superior court against the decision of a subordinate court.
• The basic object of an appeal is to test the soundness of the decision of the lower court.
• An Appeal may be filed against an original decree or a decree passed in appeal.
• Meaning of Appeal:- “Appeal means removal of a cause from inferior to a superior court for a testing soundness of decision of an inferior court”.
• Definition of Appeal:- “Judicial examination of the decision by a higher court of the decision of the inferior court”.
• Right of Appeal:-
  • Every person has been given the right to appeal against a decree.
  • The right of appeal is not inherent.
  • Rather it can only be availed where it is expressly granted by law.
  • An appeal lies against a decree and not against a judgment.
• Kinds of Appeals:-
  1. First appeals: Section 96-99A, 107 and Order 41
  2. Second Appeals: Section 100-103, 108 and Order 42
  3. Appeals from orders: Section 104 -108 and Order 43
  4. Appeals by indigent people: Order 44
  5. Appeals to the Supreme Court: Sections 109, 112 and Order 45.

The correct answer is Option 4.

Key Points

• Section 96 of the Civil Procedure Code deals with 'Appeals from the original decree'. 
• Appeals lie from decrees passed by a Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.
• Appeals may lie from original decrees passed ex-parte.
• No appeal lies from a decree passed by the Court with the consent of parties.
• However, no appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.

The correct answer is ​Substantial question of law

Key Points

• Under Section 100 of the Civil Procedure Code, 1908, a second appeal to the High Court is not maintainable on every issue. It is strictly limited to cases involving a “substantial question of law.”
• Key Points:
  • Second appeal is an appeal against the decision of the first appellate court.
  • The High Court must be satisfied that the case involves a substantial question of law before admitting the appeal.
  • The High Court is not permitted to reappreciate facts unless they relate to the substantial legal question.
• What is a “Substantial Question of Law”?
  • It must be:
    • Of general public importance, or
    • Affecting the rights of the parties significantly, or
    • A question that has not been settled by precedent, or where courts have differed.

Additional Information

• Option 1. Question of fact – Not sufficient for second appeal; only trial or first appeal considers factual disputes.
• Option 3. Both on question of fact and law – Second appeal is not permitted on mixed or factual issues unless linked to a substantial legal question.
• Option 4. Mixed question of law and fact – Still not enough unless it raises a substantial legal issue.

The correct answer Section 100 

Key Points Section 100 – Second Appeal

• Except where otherwise specifically provided in this Code or any prevailing law, a second appeal shall lie to the High Court from any appellate decree passed by a court subordinate to it, only if the High Court is satisfied that the case involves a substantial question of law.
• A second appeal may also lie against an appellate decree passed ex parte (in the absence of one party).
• The memorandum of appeal must clearly and precisely mention the substantial question of law involved in the appeal.
• If the High Court is satisfied that a substantial question of law arises, it shall formulate that question.
• The appeal shall be heard on the basis of the question so formulated. During the hearing, the respondent shall be permitted to argue that the case does not involve such a question.
• Proviso: However, this does not limit the Court’s power to hear the appeal on any other substantial question of law, even if not previously formulated, provided the Court records its reasons and is satisfied that such a question is involved.

Legal representative under Section 2(11) of C.P.C. means a person who in law represents the estate of the deceased.

Key Points

• Legal representative under Section 2(11) of C.P.C.:
  • According to Section 2(11) of the Code of Civil Procedure (C.P.C.), a legal representative is defined as a person who in law represents the estate of a deceased person.
  • This includes any person who intermeddles with the estate of the deceased, and where a party sues or is sued in a representative character, the person on whom the estate devolves upon the death of the party so suing or sued.

Additional Information

• Relative of parties to the suit:
  • A relative of the parties to the suit is not necessarily a legal representative unless they are specifically representing the estate of the deceased party.
• Co-sharer of the benefits assuming to the parties to the suit:
  • A co-sharer may have an interest in the benefits from the suit but does not qualify as a legal representative unless they legally represent the estate of the deceased.
• None of the above:
  • This option is incorrect because the correct definition of a legal representative is provided in option 3, which accurately describes a person who in law represents the estate of the deceased.

The correct answer is Second Appeal 

Key Points

• Background of the Case: In Union of India v. Diler Singh, the Supreme Court addressed the procedural aspects concerning the maintainability and scope of a second appeal under Section 100 of the Code of Civil Procedure (CPC), 1908.
• Legal Issue: The central question was whether the High Court was justified in entertaining a second appeal without formulating a substantial question of law, as mandated by Section 100 CPC.
• Supreme Court's Observation: The Supreme Court emphasized that the High Court must strictly adhere to the procedural requirement of formulating substantial questions of law before proceeding with a second appeal.
• Outcome: The Supreme Court set aside the High Court's judgment due to non-compliance with the procedural mandate and restored the judgment of the first appellate court.

Additional Information

• Restitution: Incorrect – The case did not involve the principle of restitution or the return of benefits received under a judgment.
• Res Judicata: Incorrect – The doctrine of res judicata, which bars re-litigation of the same issue, was not the focus of this case.
• Suit against Government: Incorrect – While the Union of India was a party, the case centered on appellate procedure, not on the nuances of suing the government.

The correct option is Option 3.

Key Points

• Ex-Parte Decree:-
  • It is a decree in absentia.
  • It is pronounced if on the date of the hearing the plaintiff is present, and the defendant is absent.
• Remedies Against An Ex Parte Decree:
  • Once an Ex Parte Decree has been passed against a judgment debtor, he/she can undertake any of the several remedies available to him under the code.
  • CPC provides the following remedies against an Ex-Parte Decree, which Review is one of them.
  • Review:
    • A review under Section 114 of the code can be made against a decree passed Ex-Parte.
    • Section 114 states that any person considering himself aggrieved—
      • by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.
      • by a decree or order from which no appeal is allowed by this Code.
      • by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

The correct answer is option 1.

Key Points 

• Appeal
  • Appeal in the judicial examination of the decision by a higher court or decision of an inferior court.
  • The Appeal is a proceeding by which the defeated party approaches a higher authority or court to have the decision of a lower authority or court reversed.
  • However, there is no definition of appeal in the Code of Civil Procedure.
  First Appeal and Second Appeal
  1. The first appeal lies against a decree passed by a court exercising original jurisdiction whereas the second appeal lies against a decree passed by the first appellate court.
  2. A first appeal is maintainable as a question of fact or a question of law a mixed question of fact and law but the second appeal can be filed only as a substantial question.
  3. No, the second appeal lies if the amount does not exceed Rs. 25000.
  Section 100
  • It provides filing of the second appeal in the High Court.
  • It declares that the second appeal shall lie to the High Court from every decree passed in appeal by any Court or subordinate to the High Court if the High Court is satisfied that the case involves a substantial question of law.
  • It lies also against an appellate decree passed ex-parte, where the High Court is satisfied that a substantial question of law is involved in the case, it shall formulate such a question.

The correct answer is option 4.Key Points

•  Second appeal implies appeal from appellate decree.
• Section 100 says 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.
• An appeal may lie under this section from an appellate decree passed ex parte.
• In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
• Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.
• 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

Additional Information

•  Section 102 says 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.