(Extract)
100. (1) Save where otherwise
expressly provided in the body of this Code or by any other law for the
time being in force, as appeal shall lie to the High Court from every decree
passed in appeal by any Court subordinate to the High Court on any of the
following grounds, namely:
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The Decision being contrary to law or
to some usage having the force of law;
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The decision having failed to determine
some material issue of law or usage having the force of law;
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A substantial error or defect in the
procedure provided by this Code of by any other law for the time being
in force, which may possibly have produced error or defect in the decision
of the case upon the merit; and
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The decision having varied cancelled
or reversed the decision of the Court of first instance, where the subject
matter of the suit exceeds two hundred rupees in value.
(2) An appeal may lie under this
section from an appellate decree passed exparte.
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No second appeal shall lie except on
the grounds mentioned in section 100.
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No second appeal shall lie in any suit
of the nature cognizable by Courts of small Causes, when the amount or
value of the subject matter of the original suit does not exceed five hundred
rupees.
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