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Report No. 79

10. Second Appeals

(62) The search for absolute truth has to be reconciled with the doctrine of finality. At some stage, the decision on facts should become final. At the same time, any rational system of law should provide for taking cases to a specified superior court on a question of law, so that the immense unity of the law, may be maintained.1

(63) This aspect has a vital relation to the basic principle of law, namely, that there shall be a superior court to determine questions of law, whose decisions shall be binding precedents. These principles are implicit in section 100 of the Code of Civil Procedure.2

(64) The object of section 100 is to achieve certainty of law; the mere dissatisfaction of a litigant with a judgment does not afford him a ground for second appeal.3

(65) Practical considerations (such as, the consideration that the amount involved is not large), have, however, necessitated a curb on the right of second appea1.4

1. Para. 10.2.

2. Para. 10.3.

3. Para. 10.6.

4. Para. 10.7.



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