Which statement about the High Court’s powers under the Code of Civil Procedure, 1908, is incorrect?
Question and options
Which statement about the High Court’s powers under the Code of Civil Procedure, 1908, is incorrect?
A second appeal requires a substantial question of law.
Subject to the statutory conditions, revision addresses jurisdictional errors.
In revision, the High Court may reassess a factual finding unrelated to jurisdiction merely because it appears wrong.
In a second appeal, the High Court may decide a necessary factual issue if section 103’s conditions are met.
Answer and explanation
Section 100 requires a substantial question of law for a second appeal. Section 115 corrects specified jurisdictional defects. An unrelated factual error does not itself justify revision.
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More solved explanations in CPC.15 Reference, review & revision
- Section 115 of the Code of Civil Procedure applies to:
- Assume an aggrieved person satisfies the grounds for review under Order XLVII of the Code of Civil Procedure, 1908. Consider situation I, in which the Code allows…
- In which of the following cases, the remedy of revision is not available?
- Which circumstance, by itself, is expressly excluded as a ground for review under Order XLVII Rule 1 of the Code of Civil Procedure, 1908?
- Which court exercises revisional jurisdiction under the central text of section 115 CPC?