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38

Second appeals

Act: Azad Jammu and Kashmir Courts and Laws Code Act 1949

Section Provisions

'THE AZAD JAMMU AND KASHMIR 'THE AZAD JAMMU AND KASHMIR COURTS AND LAWS CODE, 1949 CHAPTER-III SUBORDINATE CIVIL COURTS 38. Second appeals. (1) An 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 ground, namely:- (a) the decision being contrary to Law for the time being in force; (b) the decision having failed to determine some material issue of Law; (c) a substantial error or defect in the procedure provided by the Code of Civil Procedure, or by this Act or by any other law for the time being in force, which may possible have produced error or defect in the decision of the case upon the merits. (2) An appeal may lie under this section from an appellate decree passed exparte. (3) No second appeal shall lie in any suit of the nature cognizable in court of Small Causes when tile amount or value of the subject matter of the original suit does not exceed Rs. 500/- Rs. 500/-