Reference to High Court

 

Code of Civil Procedure Section

 

PART VIII

REFERENCE, REVIEW AND REVISION

113. Reference to High Court.—Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit:

¹[Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefore, and refer the same for the opinion of the High Court.

Explanation.—In this section, “Regulation” means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act,1897, (10 of 1897) or in the General Clauses Act of a State.]

Note 1: Added by Act 24 of 1951, s. 2.

Code of Civil Procedure Section

Savings

 

Code of Civil Procedure Section

 

112. Savings.—¹[(1) Nothing contained in this Code shall be deemed—

(a) to affect the powers of the Supreme Court under article 136 or any other provision of the Constitution; or

(b) to interfere with any rules made by the Supreme Court, and for the time being in force for the presentation of appeals to that Court, or their conduct before that Court.]

(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty jurisdiction or to appeals from orders and decrees of Prize Courts.

Note: 1. Subs, by the A.O. 1950, for the former sub-section (1).

 

Code of Civil Procedure Section

When appeals lie to the Supreme Court

 

Code of Civil Procedure Section

 

APPEALS TO THE SUPREME COURT

¹[109. When appeals lie to the Supreme Court.—Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies—

(i) that the case involves a substantial question of law of general importance; and

(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.]

Note: 1. Subs. by Act 49 of 1973, s. 2, for section 109.

 

 

Code of Civil Procedure Section

Procedure in appeals from appellate decrees and orders

 

Code of Civil Procedure Section

 

108. Procedure in appeals from appellate decrees and orders.—The provisions of this Part relating to appeals from original decrees shall, so far as may be, apply to appeals—

(a) from appellate decrees, and

(b) from orders made under this Code or under any special or local law in which a different procedure is not provided.

 

 

Code of Civil Procedure Section

Section 107: Powers of Appellate Court

 Code of Civil Procedure Section 106. What Courts to hear appeals.

 

GENERAL PROVISIONS RELATING TO APPEALS

107. Powers of Appellate Court.—(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power—

(a) to determine a case finally;

(b) to remand a case;

(c) to frame issues and refer them for trial;

(d) to take additional evidence or to require such evidence to be taken.

(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.

Part in Red is original provisions from CPC reproduced here for reference. 

Code of Civil Procedure Section 108. Procedure in appeals from appellate decrees and orders.

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What Courts to hear appeals

 

Code of Civil Procedure Section

 

106. What Courts to hear appeals.—Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.

 

Code of Civil Procedure Section

Other orders

 

Code of Civil Procedure Section

 

105. Other orders.—(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction; but where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal.

(2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of remand ¹***from which an appeals lies does not appeal there from, he shall thereafter be precluded from disputing its correctness.

Note: 1. Certain words omitted by Act 104 of 1976, section 42, (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section