High Court Code of Civil Procedure

Legal Document No 41

(Extract)
100. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, as appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court on any of the following grounds, namely:
  • The Decision being contrary to law or to some usage having the force of law;
  • The decision having failed to determine some material issue of law or usage having the force of law;
  • A substantial error or defect in the procedure provided by this Code of by any other law for the time being in force, which may possibly have produced error or defect in the decision of the case upon the merit; and
  • The decision having varied cancelled or reversed the decision of the Court of first instance, where the subject matter of the suit exceeds two hundred rupees in value.
(2) An appeal may lie under this section from an appellate decree passed exparte.
  • No second appeal shall lie except on the grounds mentioned in section 100.
  • No second appeal shall lie 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 five hundred rupees.
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