[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.]
3
[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 Appellate 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.]
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:—
4
* * * * *
5
[(ff) an order under section 35A;]
1. Subs. by Act 22 of 2002, s. 4, for section 100 A (w.e.f 1-7-2002).
2. Subs. by s. 5, ibid., for section 102 (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 40, for section 103 (w.e.f. 1-2-1977).
4. Clauses
(a) to
(f) omitted by Act 10 of 1940, s. 49 and the Third Schedule.
5. Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra.
66
1
[(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:
5
[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.
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 2*** from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from
disputing its correctness.
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.
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.
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.
APPEALS TO THE SUPREME COURT
3
[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
1. Ins. by Act 104 of 1976, s. 41 (w.e.f. 1-2-1977).
2. Words “made after the commencement of this Code” omitted by, s. 42, ibid., (w.e.f. 1-2-1977).
3. Subs. by Act 49 of 1973, s. 2, for section 109 (w.e.f. 29-11-1973).
67
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.]
110. [Value of subject matters.] omitted by the Code of Civil Procedure (Amendment) Act, 1973 (49 of
1973), s. 3 (w.e.f. 29-11-1973).
111. [Bar of certain appeals.] omitted by the A.O. 1950.
1
[111A. [Appeals to Federal Court] Rep. by the Federal Court Act, 1941 (21 of 1941), s. 2 (w.e.f. 1-9-
1942).
112. Savings.—2[
(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.
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:
3
[
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 therefor, 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.]
114. Review.—Subject as aforesaid, any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal
has been preferred.
(b) by a decree or order from which no appeal is allowed by this Code, or
(c) by a decision on a reference from a Court of Small Causes,
may apply for a review of judgment to the Court which passed the decree or made the order, and the
Court may make such order thereon as it thinks fit.
115. Revision.—4[
(1)] The High Court may call for the record of any case which has been decided by
any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate
Court appears—
1. Ins. by the A.O. 1937.
2. Subs. by the A.O. 1950, for the former sub-section
(1).
3. Added by Act 24 of 1951, s. 2 (w.e.f. 1-4-1951).
4. Section 115 re-numbered as sub-section
(1) by Act 104 of 1976, s. 43 (w.e.f. 1-2-1977).
68
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
the High Court may make such order in the case as it thinks fit:
1
[Provided that the High Court shall not, under this section, vary or reverse any order made, or any order
deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in
favour of the party applying for revision would have finally disposed of the suit or other proceedings.]
2
[
(2) The High Court shall not, under this section, vary or reverse any decree or order against which
an appeal lies either to the High Court or to any Court subordinate thereto.
3
[
(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where
such suit or other proceeding is stayed by the High Court.]
Explanation.—In this section, the expression “any case which has been decided” includes any order
made, or any order deciding an issue in the course of a suit or other proceeding.]
STATE AMENDMENTS
Orrisa
Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908) for section 115, the
following section shall be substituted, namely:—
115. Revision.—The High Court, in cases arising out of original suits or other proceedings of the
value exceeding one lakh rupees, and the District Court, in any other case including a case arising out of
an original suit or other proceedings instituted before the commencement of the Code of Civil Procedure
( Orissa Amendment) Act, 1991, may call for the record of any case which has been decided by any
Court subordinate to the High Court or the District Court, as the case may be, and in which no appeal
lies thereto, and if such subordinate Court appears—
(a) to have failed to exercised a jurisdiction not vested in it by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity;
the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit:
Provided that in respect of cases arising out of original suits, or other proceedings of any valuation
decided by the District Court, the High Court alone shall be competent to make an order under this
section:
Provided further that the High Court or the District Court shall not, under this section, vary or reverse
any order, including an order deciding an issue, made in the course of a suit or other proceedings, except
where—
(i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or
(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury
to the party against whom it was made.
1. Subs. by Act 46 of 1999, s.12, for “proviso” (w.e.f. 1-7-2002).
2. Ins. by Act 104 of 1976, s. 43 (w.e.f 1-2-1977).
3. Ins. by Act 46 of 1999, s.12 (w.e.f. 1-7-2002).
69
Explanation—In this section, the expression “ any case which has been decided” includes any
order deciding an issue in the course of a suit or other proceeding.”.
3. Saving.—The amendment made by this Act shall not affect the validity, invalidity, effect or
consequence of anything already done or suffered, or any jurisdiction already exercised, and any
proceeding instituted or commenced in the High Court under section 115 of the Code of Civil Procedure,
1908 (5 of 1908) prior to the commencement of this Act shall, notwithstanding such amendment, continue
to be heard and decided by such Court.
[Vide the Orissa Act 26 of 1991, s. 2]
Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908), for section 115, the
following section shall be substituted, namely:—
115. Revision.—
(1) The High Court, in cases arising out of original suits or other proceedings of the
value exceeding five lakhs rupees and the District Court, in any other cases, including a case arising out
of an original suit or other proceedings instituted before the commencement of the Code of Civil
Procedure ( Orissa Amendment) Act, 2010, may call for the record of any case which has been decided
by any Court subordinate to the High Court or the District Court, as the case may be, and in which no
appeal lies thereto, and if such subordinate Court appears—
(a) to have exercised a jurisdiction not vested in it by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit:
Provided that in respect of cases arising out of original suits or other proceedings of any valuation
decided by the District Court, the High Court alone shall be competent to make an order under this
section.
(2) The High Court or the District Court, as the case may be, shall not under this section, vary or
reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings,
except where the order, if it had been made in favor of the party applying for revision, would have finally
disposed of the suit or other proceedings.
(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where
such suit or other proceeding is stayed by the High Court or District Court, as the case may be.
Explanation—In this section, the expression, “any case which has been decided” includes any order
deciding an issue in the course of a suit or other proceeding.”.
[Vide the Orissa Act 14 of 2010, s. 2]
Uttar Pradesh
Amendment of section 115 of Act V of 1908.—In section 115 of the said Code—
(i) for the words “High Court”, wherever occurring, the words “High Court or District Court” shall be
substituted; and
(ii) the following proviso thereto shall be inserted at the end, namely:--
“Provide that nothing in this section shall be construed to empower the District Court to call for
the record of any case arising out of an original suit of the value of twenty thousand rupees or above,”.
[Vide Uttar Pradesh Act 14 of 1970, s. 3]
Uttar Pradesh
Substitution of new section for section 115 of 5 of 1908.— For section 115 of the Code of Civil
70
Procedure, 1908, as amended in its application to Uttar Pradesh (hereinafter in this
Chapter referred to as the said Code), the following section shall be substituted namely :—
“115. Revision.—The High Court in cases arising out of original suits of the
value of rupees twenty thousand and above including such suits instituted before the
20th day of September, 1972, and the District Court in any other case, including a
case arising out of an original suit instituted before the 20th day of September, 1972,
may call for the record of any case which has been decided by any court subordinate to
such High Court or District Court, as the case may be, and in which no appeal
lies thereto, and if such subordinate court appears;
(a) to have to jgh exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material
irregularity,
the High Court or the District Court, as the case may be, may make such order in the
case as it thinks fit;
Provided that in respect of cases decided before the 20th day of September, 1972, and also all cases arising
out of original suits of any valuation decided by the District Court, the High Court alone shall be competent to
make a order under this section.”
[Vide Uttar Pradesh Act 19 of 1973, s. 2]
Amendment of section 115 of Act V of 1908.— In section 115 of the Code of Civil
Procedure, 1908 as amended in its application to Uttar Pradesh, hereinafter referred to as
the said Code :—
(i) for the words “the High Court or District Court”, where they first occur, the
words “the High Court in cases arising out of original suits of the values of twenty
thousand rupees and above, and the District Court in any other case” shall be
substituted and after the words “High Court or District Court” where they occur the
second time, the commas and words, “as the case may be”, shall be inserted;
(ii) the proviso shall be omitted.
[Vide Uttar Pradesh Act 37 of 1972, s. 6]
Uttar Pradesh
Substitution of section 115.— For section 115 of the said Code, the following section
shall be substituted, namely :—
“115. Revision.-- The High Court, in cases arising out of original suits or other proceedings
of the value of twenty thousand rupees and above, including such suits or other proceedings
instituted before August 1, 1978, and the District Court in any other case, including a case
arising out of an original suit or other proceedings instituted before such date, may call for
the record of any case which has been decided by any court subordinate to such High Court
or District Court as the case may be, and in which no appeal lies thereto, and if such
subordinate court appears —
(a) to have exercised a jurisdiction not vested in it by law ; or
(b) to have failed to exercise a jurisdiction so vested ; or
(c) to have acted in the exercise of its jurisdiction illegally or with material
irregularity ;
the High Court or the District Court, as the case may be, may make
71
such order in the case as it thinks fit ;
Provided that in respect of cases arising out of original suits or other
proceedings of any valuation, decided by the District Court, the High Court
alone shall be competent to make an order under this section ;
Provided further that the High Court or the District Court shall no
under his section, vary or reverse any order including an order deciding an
issue, made in the course of a suit or other proceeding, except where, —
(1) the order, if so varied or reversed, would finally dispose of the suit or
other proceeding ; or
(ii) the order, if allowed to stand, would occasion a failure of justice or
cause irreparable injury to the party against whom it was made.
Explanation — In this section, the expression ‘any case which has been decided’
includes any order deciding an issue in the course of a suit of other Proceeding.”
[Vide Uttar Pradesh Act 31 of 1978, s. 3]
Uttar Pradesh
Amendment of section 115 of Act no. 5 of 1908.—In section 115 of the Code of
Civil Procedure, 1908, hereinafter int his Chapter referred to as the said Code,--
(a)for the words “of the value of the twenty thousand rupees and above including
such suits or other proceedings instituted before August 1, 1978” the following words
shall be substituted, namely —
“of the value exceeding one lakh rupees or such higher amount not exceeding
five lakh rupees as the High Court may from time to time fix, by notification
published in the official Gazette including such suits or other proceedings instituted
before the date of commencement of the Uttar Pradesh Civil Laws (Amendment)
Act, 1991, or as the case may be, the date of commencement of such notification.” ;
(b) after the second proviso, the following proviso shall be inserted,
namely ;
“Provided also that where a proceeding of the nature in which the District
Court may call for the record and pass orders under this section was pending
immediately before the relevant date of commencement referred to above, in the High
Court, such court shall proceed to dispose of the same.”
[Vide Uttar Pradesh Act 17 of 1991, s. 7]
Substitution of section 115 of Act no. 5 of 1908.— For section 115 of the Code of Civil
Procedure, 1908, hereinafter referred to as the principal Act, the following section shall be
substituted and be deemed to have been substituted with effect from July 1, 2002, namely :—
“115. Revision
(1) A superior court may revise an order passed in a case decided in an original suit
or other proceeding by a subordinate court where no appeal lies against the order
and where the subordinate court has —
(a) exercised a jurisdiction not vested in it by law ; or
(b) failed to exercise a jurisdiction so vested ; or
(c) acted in exercise of its jurisdiction illegally or with material irregularity.
(2) A revision application under sub-section
(1), when filed in the High Court,
shall contain a certificate on the first page of such application, below the title of the case,
to the effect that no revision in the case lies to the district court but lies only to the High
72
Court either because of valuation or because the order sought to be revised was passed by
the district court.
(3) The superior court shall not, under this section, very or reverse any order made
except where, —
(i) the order, if it had been made in favour of the party applying for revision,
would have finally disposed of the suit or other proceeding
; or
(ii) the order, if allowed to stand, would occasion a failure of justice or cause
irreparable injury to the party against whom it is made.
(4) A revision shall not operate as a stay of suit or other proceeding before the
court except where such suit or other proceeding is stayed by the superior court.
Explanation — I In this section,—
(i) the expression ‘superior court’ means —
(a) the district court, where the valuation of a case decided by a court subordinate
to it does not exceed five lakh rupees ;
(b) the High Court, where the order sought to be revised was passed in a case
decided by the district court or where the value of the original suit or other proceedings
in a case decided by a court subordinate to the district court exceed five lakh rupees ;
(ii) the expression ‘order’ includes an order deciding an issue in any original
suit or other proceedings.
Explanation —II. The provisions of this section shall also be applicable to orders
passed, before or after the commencement of this section, in original suits or other
proceedings instituted before such commencement.”
[Vide Uttar Pradesh Act 14 of 2003, s. 2]
PART IX
SPECIAL PROVISIONS RELATING TO THE 1[HIGH COURTS 2[NOT BEING THE COURT OF A
JUDICIAL COMMISSIONER ]
116. Part to apply only to certain High Courts.—This Part applies only to High Courts 7[not being
the court of a Judicial Commissioner].
117. Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the
provisions of this Court shall apply to such High Courts.
118. Execution of decree before ascertainment of costs.—Where any such High Court considers it
necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before
the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the
decree shall be executed forthwith, except as to so much thereof as relates to the costs;
and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the
amount of the costs shall be ascertained by taxation.
119.Unauthorized persons not to address Court.—Nothing in this Code shall be deemed to authorize
any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to
examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter
authorized him so to do, or to interfere with the power of the High Court to make rules concerning
advocates, vakils and attorneys.
1. Subs. by Act 2 of 1951, s. 14, for “CHARTERED HIGH COURTS”.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “For Part A States and Part B States”.
73
120. Provisions not applicable to High Court in original civil jurisdiction.—
(1) The following
provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely,
sections 16, 17 and 20.
1
* * * * *
PART X
RULES
121. Effect of rules in First Schedule.—The rules in a First Schedule shall have effect as if enacted
in the body of this Code until annulled or altered in accordance with the provisions of this Part.
122. Power of certain High Courts to make rules.—2[High Courts 3[not being the Court of a
Judicial Commissioner]] 4*** may, from time to time after previous publication, make rules regulating
their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by
such rules annul, alter or add to all or any of the rules in the First Schedule.
123. Constitution of Rules Committees in certain States.—
(1) A Committee, to be called the Rule
Committee, shall be constituted at 5[the town which is the usual place of sitting of each of the High Courts
6
*** referred to in section 122].
(2) Each such Committee shall consist of the following persons, namely:—
(a) three Judges of the High Court established at the town at which such Committee is constituted,
one of whom at least has served as a District Judge or 7*** a Divisional Judge for three years,
8
[
(b) two legal practitioners enrolled in that Court,]
9
[
(c) a Judge of a Civil Court subordinate to the High Court, 10***
11
* * * * *
12
(3) The members of each Committee shall be appointed by the [High Court], which shall also
nominate one of their number to be President:
13
* * * * *
(4) Each member of any such Committee shall hold office for such period as may be prescribed by
the 8[High Court] in this behalf; and whenever any member retires, resigns, dies or ceases reside in the
State in which the Committee was constituted, or becomes incapable of acting as a member of the
Committee, the said 8[High Court] may appoint another person to be a member in his stead.
(5) There shall be a secretary to each such Committee, who shall be appointed by the 8[High Court]
and shall receive such remuneration as may be provided in this behalf 14[by the State Government].
STATE AMENDMENTS
Assam.—
For clause
(a) of sub-section
(2) of section 123 the following shall be substituted—
1. Sub-section
(2) rep. by Act 3 of 1909, s. 127 and the Third Sch.
2. Subs. by the A.O. 1950, for “Courts which ar e High Courts for the purposes of the Government of India Act, 1935”.
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for Part A States and Part B States”. The words in italics were ins. by Act
2 of 1951, s. 15 (w.e.f. 1-4-1951).
4. The words “and the Chief Court of Lower Burma” rep. by Act 11 of 1923, s. 3 and the Second Sch edule.
5. Subs. by Act 13 of 1916, s. 2 and the Schedule, for “each of the towns of Calcutta, Madras, Bombay, Allahabad,
Lahore and Rangoon”.
6. The words “and of the Chief Court” omitted by the Act 11 of 1923, s. 3 and the Second Schedule. These words were again ins. by Act
32 of 1925, and subsequently omitted by the A.O. 1948.
7. The brackets and words “(in Burma)” rep. by Act 11 of 1923, s. 3 and the Second Schedule.
8. Subs. by Act 2 of 1951, s. 16, for clauses
(b) and
(c).
9. Clauses
(d) and
(e) re-lettered as clauses
(c) and
(d) respectively by s. 16, ibid. (w.e.f. 1-4-1961).
10. The word “and ” omitted by Act 38 of 1978, s. 3 and the Second Sch edule (w.e.f. 26-11-1978).
11. Clause
(d) omitted by s. 3, ibid. and the Second Schedule.
12. Subs. by Act 104 of 1976, s. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977).
13. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977).
14. Subs. by the A.O. 1937, for “by the G.G. in C. or by the L.G., as the case may be”.
74
“
(a) three Judges of the High Court established at the town at which such Committee is constituted,
provided that the Chief Justice may appoint only two Judges of the High Court on the Committee if the
number of Judges of the High Court does not exceed three.”
[Vide Assam Act 8 of 1953, sec. 2.]
Tamil Nadu
Amendment of section 123, Central Act V of 1908.—In section
(2) of section 123 of the Code of
Civil Procedure, 1908 ( Central Act V of 1908),-
(a) in clause
(b), for the words “two legal practitioners”, the words “three legal practitioners”
shall be substituted.
(b) in clause
(d), the word “Madras” shall be omitted.
[Vide Tamil Nadu Act 15 of 1970, s. 2]
124. Committee to report to High Court.—Every Rule Committee shall make a report t
