Code Of Civil Procedure MCQ question and answer | Law MCQ question

Second Appeal and the Concept of Perverse Findings

Definition of Second Appeal:
A second appeal under Section 100 of the Code of Civil Procedure, 1908 is an appeal to the High Court from an appellate decree of a lower court. It is permissible only when a substantial question of law is involved. It is not allowed merely to re-examine factual findings unless the findings are deemed perverse.

Definition of Perverse Finding:
A perverse finding is one that is contrary to evidence on record, based on no evidence, or so unreasonable that no rational person would arrive at such a conclusion. If a finding is perverse, it justifies the interference of the High Court in a second appeal.

Correct Answer: Option A: Dinesh Kumar v. Yusuf Ali, AIR 2010 SC 2679

Explanation:
In the case of Dinesh Kumar v. Yusuf Ali, AIR 2010 SC 2679, the Supreme Court held that a second appeal is permissible only if the finding is perverse. This means that the High Court cannot interfere with factual determinations made by lower courts unless those findings are completely unreasonable, unsupported by evidence, or illegal.

The judgment clarified that in normal circumstances, factual findings of the first appellate court are final. However, when a finding is perverse—meaning it is based on no evidence, misinterpretation of evidence, or gross procedural irregularity—a second appeal can be entertained to rectify the injustice.

Thus, the correct answer is Option A: Dinesh Kumar v. Yusuf Ali, AIR 2010 SC 2679.

Framing of Issues in a Civil Suit

Definition of Issues:
In a civil suit, issues are points of dispute between the parties that need to be resolved by the court. These issues arise from the pleadings (plaint and written statement) and determine the scope of the trial.

Correct Answer: Option D: Court

Explanation:
According to Order XIV, Rule 1 of the Code of Civil Procedure (CPC), 1908, the court is responsible for framing issues in a civil suit. The court carefully examines the pleadings, considers the documents submitted, and identifies the material points of dispute between the parties. The issues framed may be of two types:

Issues of Fact – Related to factual disputes between the parties.
Issues of Law – Related to legal questions that need judicial interpretation.

The purpose of framing issues is to ensure that the trial remains focused on the real disputes and to prevent unnecessary arguments on irrelevant matters.

Thus, the correct answer is Option D: Court since the responsibility of framing issues lies solely with the judge and not with the parties or their representatives.