[2. Power of Court to direct that the appeal be heard on the question formulated by it.—At the time of making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate the substantial question of law as required by section 100, and in doing so, the Court may direct that the second appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground in the appeal without the leave of the Court, given in accordance with the provision of section 100.
Amendment notes
- Ins. by Act 104 of 1976, s. 88 (w.e.f. 1-2-1977).
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
When making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court must formulate the substantial question of law as required by section 100. It may direct that the second appeal be heard on the question so formulated. The appellant cannot then urge any other ground without the Court's leave, given in accordance with section 100. This rule was inserted by the 1976 amendment.
