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Report No. 163

Appeal and Revision

Q.4. Section 100A (Appeals from decisions of single Judge of High Court): Clause 10 of the Bill

At present, section 100A of the Code bars an appeal (Letters Patent appeal) from the appellate decision of a single Judge. The Bill proposes to enlarge the scope of this bar (by amending section 100A), so as to bar an appeal even from an original decision of a single Judge, as also from the writ, direction or order issued by a single Judge "on an application made under Article 226 or Article 227 of the Constitution".

Do you consider that this amendment will be in the interests of justice?

Would you favour, as an alternative, an amendment which would restrict such appeal to cases where the decision of the single judge involves a substantial question of law or is likely to result in a serious miscarriage of justice?

The Code of Civil Procedure (Amendment) Bill, 1997 Back

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