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

Orders from which appeal lies

 

Code of Civil Procedure Section

 

APPEALS FROM ORDERS

104. Orders from which appeal lies.—(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:—

¹* * * * *

²[(ff) an order under section 35A;]

³[(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;]

(g) an order under section 95;

(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree;

(i) any order made under rules from which an appeal is expressly allowed by rules:

²[Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.]

(2) No appeal shall lie from any order passed in appeal under this section.

Note:

1. Clauses (a) to (f) omitted by Act 10 of 1940, s. 49 and the Third Schedule.

2. Ins. by Act 9 of 1922, s. 3, see also foot-note to s. 35A, Supra.

3. Ins. by Act 104 of 1976, s. 41 (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section

Power of High Court to determine issue of fact

 

Code of Civil Procedure Section

 

¹[103. Power of High Court to determine issue of fact.—In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,—

(a) which has not been determined by the lower Appeallate Court or both by the Court of first instance and the lower Appellate Court, or

(b) which has been wrongly determined by such Court or Courts by reason of a decision on such question of law as is referred to in section 100.]

Note: 1. Subs. by Act 104 of 1976, s. 40, for section 103 (w.e.f. 1-2-1977).

 

Code of Civil Procedure Section

No second appeal in certain cases

 

Code of Civil Procedure Section

 

¹[102. No second appeal in certain cases.—No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.]

Note: 1. Subs. by s. 5, ibid., for section 102 (w.e.f. 1-7-2002).

 

Code of Civil Procedure Section