Legal IQ

Quick Referencer for Judicial Service Aspirants

Q. What is the bar created by Section 100A C.P.C.?

Jharkhand Judicial Service Exam. 2001 (Main).

Ans: Bar created by Section 100A C.P.C. is that there shall be no further appeal against the order or decree passed by Single Judge of High Court in appeal—Section 100A (No further appeal in certain cases) and Nasik High Supply Co. v. Annapurna Grih Udyog Bhandar, AIR 2003 Guj 275 (FB) and Parshottam Das v. State of Haryana, AIR 2003 P&H 301 (FB)

Reasons: Section 100A of C.P.C. provides that when an appeal either from an original decree/order or from appellate decree/order is heard and decided by a Single Judge of the High Court then no further appeal is maintainable against the order/decree passed by such Single Judge (though it is allowed by any other law like L.P.A. etc.).
The aforesaid view was also expressed by above courts in above referred cases.

Thus, it can be said that bar created by Section 100A of C.P.C. is that it prohibits a further appeal against the order/decree passed by a Single Judge of the High Court in an appeal under Sections 96 (Appeal from original decree), 100 (Second appeal) and 104 (Orders from which appeal lies).

Note: It is notable that in many examinations short answer of the question/problem is required because of time limit or limitation of words e.g., Jharkhand and Rajasthan Judicial Service Examinations or Higher Judicial Service (Additional District Jude) Examinations. In such examinations only matters given in ‘Answer’ portion would be sufficient and there is no need to assign reasons for answer.

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