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In Union of India v. Diler Singh, the Supreme Court faulted the High Court for deciding a CRPF…

The procedural issue was a second appeal under Section 100 CPC. A second appeal lies on a substantial question of law. The High Court must formulate that question when…

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In Union of India v. Diler Singh, the Supreme Court faulted the High Court for deciding a CRPF dismissal dispute without formulating a substantial question of law. Which CPC procedure was at issue?

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Answer and explanation

Correct answer A

The procedural issue was a second appeal under Section 100 CPC. A second appeal lies on a substantial question of law. The High Court must formulate that question when satisfied that it arises. The Supreme Court addressed this separately from the merits of the CRPF dismissal.

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Option A

Sections 100(1) and 100(4) CPC require a substantial question of law and its formulation by the High Court. The Supreme Court applied that requirement in Diler Singh.

Option B

Incorrect. The judgment in Union of India v. Diler Singh (2016) did not concern 'Restitution' under Section 144 of the Code of Civil Procedure, 1908.

Option C

Incorrect. The judgment in Union of India v. Diler Singh (2016) did not turn on the doctrine of 'Res Judicata' under Section 11 of the Code of Civil Procedure, 1908.

Option D

Incorrect. Although the Union of India was the appellant challenging the setting aside of a CRPF constable's dismissal, the CPC procedural issue decided by the Supreme Court was the scope of 'Second appeal' under Section 100 CPC, not procedural requirements of a 'Suit against government' under Sections 79-80 CPC.

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