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In Union of India v. Diler Singh (30 June 2016), which civil-procedure issue was addressed when the…

In Union of India v. Diler Singh (30 June 2016), the Supreme Court held that the High Court should have framed a substantial question of law when admitting the second appeal…

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In Union of India v. Diler Singh (30 June 2016), which civil-procedure issue was addressed when the Supreme Court examined the High Court’s failure to frame a substantial question of law?

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Answer and explanation

Correct answer A

In Union of India v. Diler Singh (30 June 2016), the Supreme Court held that the High Court should have framed a substantial question of law when admitting the second appeal under section 100 of the Code of Civil Procedure. The case arose from a disciplinary dispute in the Central Reserve Police Force.

Option feedback

Option A

The judgment examines failure to frame a substantial question of law in a second appeal.

Option B

Restitution under section 144 of the Code of Civil Procedure aims to restore the parties' position when a decree or order is varied, reversed, set aside or modified. The issue here was the High Court's duty to frame a substantial question of law in a second appeal.

Option C

Res judicata concerns matters already heard and finally decided, subject to the conditions in section 11 of the Code of Civil Procedure. The issue here was the High Court's duty to frame a substantial question of law in a second appeal.

Option D

Although the Union was a party, the identified issue is second appeal, rather than pre-suit notice.

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