[100. Second appeal.—
(1) Save as otherwise expressly provided in the body of this Code or by any
1. Ins. by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 9, for “three thousand rupees” (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 34, for certain words (w.e.f. 1-2-1977).
4. Ins. by Act 18 of 1928, s. 2 and the First Schedule.
5. Ins. by Act 104 of 1976, s. 35 (w.e.f. 1-2-1977).
6. Proviso Added by s. 35, ibid. (w.e.f. 1-2-1977).
7. Ins. by s. 36, ibid. (w.e.f. 1-2-1977).
8. Subs. by s. 37, ibid., for section 100 (w.e.f. 1-2-1977).
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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.]
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