Question

Which of the following statement is incorrect?

• A. First appeal can be on question of fact or law or both.
• B. Second appeal can be on substantial question of law only.
• C. Second appeal can be on question of fact or law or both.
• D. First appeal may or may not be in the High Court, Second appeal has to be in the High Court.

Hint:

First appeals can be to any court of appeal, while second appeals are specifically heard in the High Court.

Answer 1

The Correct Option is D

Step 1: Understanding the Question.
This question addresses the concept of appeals under the Civil Procedure Code. The first and second appeals differ in their jurisdiction and the type of questions that can be raised.
Step 2: Analysis of Options.
- (A) First appeal can be on question of fact or law or both: This is correct, as the first appeal can cover both factual and legal questions.
- (B) Second appeal can be on substantial question of law only: This is correct, as the second appeal is restricted to substantial questions of law.
- (C) Second appeal can be on question of fact or law or both: This is incorrect, as the second appeal only concerns substantial questions of law.
- (D) First appeal may or may not be in the High Court, Second appeal has to be in the High Court: This is incorrect. A first appeal may be to the District Court, while a second appeal is heard only in the High Court.
Step 3: Conclusion.
Thus, the correct answer is (D) First appeal may or may not be in the High Court, Second appeal has to be in the High Court.