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Home CIVIL CPC

CPC S. 100 – phrase “substantial question of law”

by PLRonline
December 4, 2021
in CPC
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Civil Procedure Code, 1908 – S. 100 –  The phrase “substantial question of law”, as occurring in the amended Section 100 is not defined in the Code. The word substantial, as qualifying “question of law”, means of having substance, essential, real, of sound worth, important or considerable. It is to be understood as something in contradistinction with technical, of no substance or consequence, or academic merely. However, it is clear that the legislature has chosen not to qualify the scope of “substantial question of law” by suffixing the words “of general importance” as has been done in many other provisions such as Article 133(1)(a) of the Constitution. The substantial question of law on which a second appeal shall be heard need not necessarily be a substantial question of law of general importance. 

2008 PLRonline 0007

.Kashmir Singh v. Harnam Singh, 2008 PLRonline 0007

Tags: CPC S. 100Question of law
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