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Report No. 79

11.5. Reason for barring appeal.-

Coming now to the reasons which have weighed with us in recommending1 that there should be no further right of appeal in the High Court against the judgment of a single judge in first appeal, we may point out that the present position presents two anomalies, which will become evident when one compares the position under the Code of Civil Procedure (in respect of appeals governed by that Code) with the position under the Letter Patent. The matter could be considered with reference to questions of fact and questions of law.

1. Para. 11.3(a) and 11.3(c), supra.

11.6. Questions of fact.-

So far as questions of fact are concerned the general scheme of the Code of Civil Procedure which applies where the first appeal is decided by a subordinate court is that the decision in first appeal should be final. Where a first appeal is decided by a judge of the High Court, the reason for putting a stamp of finality on the finding of fact recorded by the court in first appeal is all the more weighty.

Delay and Arrears in High Courts and Other Appellate Courts Back

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