The difference of procedure between cl 36 of the Letters Patent of the High Court of Calcutta Madras...........

Civil Procedure Code (CPC) 1908 Appeals

The difference of procedure between cl. 36 of the Letters Patent of the High Court of Calcutta, Madras and Bombay and s. 98 of the Code of Civil Procedures is:

While the reference on the point of difference is obligatory under cl. 36 it is optional under s. 98

While a reference under cl. 36 may be on a question of fact and law, it can be on a question of law only under s. 98

either (A) or (B)

None of these

छोटे Courses बड़े Results

Master Appeals

Prepare through Micro-courses

Try Now

Explanation:

- Option 1: Clause 36 of the Letters Patent of the High Courts requires a mandatory reference on a difference of opinion, making it obligatory. However, under Section 98 of the Code of Civil Procedure, the reference is optional.

- Option 2: Clause 36 allows a reference on both questions of fact and law, while Section 98 restricts it to questions of law only.

- Option 3: This option correctly combines both possible distinctions between the procedures stated in Options 1 and 2.

- Option 4: This option discounts the validity of the other specified differences.

The correct answer is: Option 3 – either (A) or (B).