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 appeal 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.
1APPEALS TO THE 2[SUPREME COURT]
3[109. When appeals, lie to the Supreme Court. An appeal from a judgment, decree or final
order of a High Court shall lie to the Supreme Court (
a) if the amount or value or the subjectmatter
or the dispute in the Court of first instance was
and also in appeal is (unless varied by an Act of Parliament) fifty thousand rupees or
upward and the judgment, decree or final order appealed from has varied or set aside the
judgment, decree or final order of the Court immediately below; or
(b) it the judgment, decree or final order involves, directly or indirectly, some claim or question
respecting property of the like amount or value and the judgment, decree or final order
appealed from has varied or set aside the judgment, decree or final order of the Court
immediately below; or
(c) if the High Court certifies that the case involves a substantial question of law as to the
interpretation of the Constitution.].
111.Bar of certain appeals: Notwithstanding anything contained in section 109, no appeal shall
(a) from the decree or order of one Judge of a High Court 1* * *, or of one Judge of a
Division Court, or of two or more Judges of such High Court, or of a Division
Court constituted by two or more Judges of such High Court, where such Judges are
equally divided in opinion and do not amount in number to a majority of the whole of the
Judges of the High Court at the time being; or
(b) from any decree from which under section 102 no second appeal lies.
2111A. [Appeals to Federal Court.] Omitted by the Federal Court Act, 1941 (XXI of 1941), s. 2.
112. Savings.3(
1) Nothing contained in this Code shall be deemed (
a) to affect the powers of the Supreme Court under Article 4[191 of the Constitution or any
other provision thereof]; 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 viceadmiralty
jurisdiction, or to appeals from orders and decrees of Prize Courts.
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