94. Supplemental proceedings.—
In order to prevent the ends of justice from being defeated the
Court may, if it is so prescribed, —
(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should
not give security for his appearance, and if he fails to comply with any order for security commit him to
the civil prison;
(b) direct the defendant to furnish security to produce any property belonging to him and to place
the same at the disposal of the Court or order the attachment of any property;
(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to
the civil prison and order that his property be attached and sold;
(d) appoint a receiver of any property and enforce the performance of his duties by attaching and
selling his property;
(e) make such other interlocutory orders as may appear to the Court to be just and convenient.
95. Compensation for obtaining arrest, attachment or injunction on insufficient
grounds.—
(1) Where, in any suit in which an arrest or attachment has been effected or a temporary
injunction granted under the last preceding section,—
(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient
grounds, or
(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable
grounds for instituting the same,
the defendant may apply to the Court, and the Court may, upon such application, award against the
plaintiff by its order such amount 1[not exceeding fifty thousand rupees], as it deems a reasonable
compensation to the defendant for the 2[expense or injury (including injury to reputation) caused to him]:
Provided that a Court shall not award, under this section an amount exceeding the limits of its pecuniar
jurisdiction.
(2) An order determining any such application shall bar any suit for compensation in respect of such
arrest, attachment or injunction.
1. Subs. by Act 46 of 1999, s. 8, for “not exceeding one thousand rupees” (w.e.f. 1-7-2002).
2. Subs. by Act 104 of 1976, s. 32, for “expense or injury caused to him” (w.e.f. 1-2-1977).
64
PART VII
APPEALS
APPEALS FROM ORIGINAL DECREES
96. Appeal from original decree.—
(1) Save where otherwise expressly provided in the body of this
Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any
Court exercising original jurisdiction the Court authorized to hear appeals from the decisions of such Court.
(2) An appeal may lie from an original decree passed ex parte.
(3) No appeal shall lie from a decree passed by the Court with the consent of parties.
1
[
(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature
cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit
does not exceed 2[ten thousand rupees.]]
97. Appeal from final decree where no appeal from preliminary decree.—Where any party
aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such
decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from
the final decree.
98. Decision where appeal heard by two or more Judges.—
(1) Where an appeal is heard by a Bench
of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the
majority (if any) of such Judges.
(2) Where there is no such majority which concurs in a judgment varying or reversing the decree
appealed from, such decree shall be confirmed :
Provided that where the Bench hearing the appeal is 3[composed of two or other even number of
Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the Judges
composing the Bench differ in opinion on a point of law, they may state the point of law upon which they
differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and
such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard
the appeal, including those who first heard it.
4
[
(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to
patent of any High Court.]
99. No decree to be reversed or modified for error or irregularity not affecting merits or
jurisdiction.—No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal
on account of any misjoinder 5[or non-joinder] of parties or causes of action or any error, defect or irregularity
in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court:
6
[
Provided that nothing in this section shall apply to non-joinder of a necessary party.]
7
[99A. No order under section 47 to be reversed or modified unless decision of the case is
prejudicially affected.—Without prejudice to the generality of the provisions of section 99, no order under
section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any
proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision
of the case.]
APPEALS FROM APPELLATE DECREES
8
[100. Second appeal.—
(1) Save as otherwise expressly provided in the body of this Code or by any
1. Ins. by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 9, for “three thousand rupees” (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 34, for certain words (w.e.f. 1-2-1977).
4. Ins. by Act 18 of 1928, s. 2 and the First Schedule.
5. Ins. by Act 104 of 1976, s. 35 (w.e.f. 1-2-1977).
6. Proviso Added by s. 35, ibid. (w.e.f. 1-2-1977).
7. Ins. by s. 36, ibid. (w.e.f. 1-2-1977).
8. Subs. by s. 37, ibid., for section 100 (w.e.f. 1-2-1977).
65
other law for the time being in force, an appeal shall lie to the High Court from every decree passed in
appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a
substantial question of law.
(2) An appeal may lie under this section from an appellate decree passed ex parte.
(3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial
question of law involved in the appeal.
(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall
formulate that question.
(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of
the appeal, be allowed to argue that the case does not involve such question:
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the
Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not
formulated by it, if it is satisfied that the case involves such question.]
STATE AMENDMENT
Kerala.
In sub-section
(1) of section 100 of the Principal Act, after clause
(c), the following clause shall be
added, namely:
(d) the finding of the lower appellate court on any question of fact material to the right decision of the
case on the merits being in conflict with the finding of the Court of first instance on such question.
[Vide Kerala Act 13 of 1957 sec. 4.]
1
[100A. No further appeal in certain cases.—Notwithstanding anything contained in any Letters Patent
for any High Court or in any instrument having the force of law or in any other law for the time being in force,
where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a
High Court, no further appeal shall lie from the judgment and decree of such Single Judge.]
101. Second appeal on no other grounds.—No second appeal shall lie except on the ground
mentioned in section 100.
2
[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 applicat
