⚖️ CIVIL PROCEDURE CODE: APPEALS FROM APPELLATE DECREES & APPEALS FROM ORDERS
📘 TOPICS
- APPEALS FROM APPELLATE DECREES
- What is a substantial question of law?
- What is not a substantial question of law?
- Orders from which appeal lies
🏛️ Supreme Court Judgment in the matter of second appeal against a decree:
• Chunilal Mehta & Sons v. Century Spg. & Mfg. Co. [1962 SC]
📜 Privy Council Judgment on the question of substantial question of law:
• Raghunath Prasad Singh v. Dy Commissioner Partabgarh [1927 PC]
To help aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam, Delhi Law Academy Jaipur has launched a series of study material modules on all important aspects of this vital part of their syllabus.
📖 APPEALS FROM APPELLATE DECREES
Section 100(1)
• Save as otherwise expressly provided:
• an appeal shall lie to the High Court
– from every decree passed in appeal by any Court subordinate to a High Court
• if the High Court is satisfied
– that the case involves a substantial question of law
❓ Question:
• What is a substantial question of law?
✅ Ans 1:
• There seems to have been some doubt…….as to whether a substantial question of law meant a question of general importance.
• Their Lordships think it is quite clear…….that that is not the meaning, but that “substantial question of law” is a substantial question of law as between the parties in the case involved.
Authority: Raghunath Prasad Singh v. Dy Commissioner Partabgarh [1927 PC]
✅ Ans 2:
• The proper test for determining whether a question of law raised in the case is substantial would be:
• whether
– it is of general public importance or
– it directly and substantially affects the rights of the parties
– and
• if so, whether it
– is either an open question in the sense that it is not finally settled by this Court or by the Privy Council or by the Federal Court or
– is not free from difficulty or
– calls for discussion of alternative views
Authority: Chunilal Mehta & Sons v. Century Spg. & Mfg. Co. [1962 SC]
🚫 What is not a substantial question of law?
• If
– the question is settled by the highest Court or
– the general principles to be applied in determining the question are well settled and there is a mere question of applying those principles or
– the plea raised is palpably absurd
• the question would not be a substantial question of law
Authority: Chunilal Mehta & Sons v. Century Spg. & Mfg. Co. [1962 SC]
📚 Case Study: Chunilal Mehta & Sons v. Century Spg. & Mfg. Co. [1962 SC]
🧾 Facts of the case
• The appellant applied to the High Court for a certificate u/a 133(1)(a) of the Constitution. The claim in appeal before the High Court was for about 26 lakhs of rupees.
• It was necessary for the appellant to establish that a substantial question of law was involved in the appeal.
• The appellant is challenging the interpretation placed upon certain clauses of the managing agency agreement which are the foundation of the claim in the suit.
⚖️ Question:
• Whether interpretation of a document of the kind referred to above raises a substantial question of law?
✅ Ans:
• Applying these tests it would be clear that the question involved in this appeal, that is, the construction of the Managing Agency agreement is not only one of law but also it is neither simple nor free from doubt.
• In the circumstances we have no hesitation in saying that the High Court was in error in refusing to grant the appellant a certificate that the appeal involves a substantial question of law.
• It has to be borne in mind that upon the success or the failure of the contention of the parties, they stand to succeed or fail with respect to their claim for nearly 26 lakhs of rupees.
🚫 No further appeal in certain cases – Section 100A
• Notwithstanding any Letters Patent for any High Court or any other law:
• where
– an 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
📜 Second appeal on no other grounds – Section 101
• No second appeal shall lie
– except on grounds mentioned in section 100
💰 No second appeal in certain suits – Section 102
• No second appeal shall lie from any decree
• when
– subject matter of the original suit is for recovery of money upto 25000 rupees
📄 Orders from which appeal lies – Section 104(1)
• An appeal shall lie
– from the following orders and
– from no other orders, save as otherwise expressly provided:
• an order u/s 35A
• an order u/s 91 or 92 refusing leave to institute a suit
• an order u/s 95
• an order under this Code
– imposing a fine or
– directing arrest or detention in civil prison except where it is in execution of a decree
• an order made under rules
– from which an appeal is expressly allowed by rules**
DLA NOTE:
**Please refer to Order 43 Rule 1 [Appeal from orders]
Section 104(2)
• No appeal shall lie from any order
– passed in appeal under this section
📘 Other Orders – Section 105(1)
• Save as otherwise expressly provided:
• no appeal shall lie
– from any order made by a Court in exercise of its original or appellate jurisdiction…
• but where a decree is appealed from
– any error, defect or irregularity in any order affecting decision of the case
– may be set forth as ground of objection in the memorandum of appeal
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❓ Frequently Asked Questions on CPC Appeals (Sections 100–105)
Under Section 100 CPC, a substantial question of law is one that directly and substantially affects the rights of the parties, or is of general public importance. It must not be a question that is already settled by higher courts or merely involves application of established principles.
If the issue is already settled by the Supreme Court or involves simple application of legal principles without any ambiguity, it does not qualify as a substantial question of law. Also, if the plea raised is clearly absurd or frivolous, it will not be treated as substantial.
No. A second appeal lies only when the High Court is satisfied that the case involves a substantial question of law, as per Section 100 CPC. Routine re-evaluation of facts is not permitted at the second appeal stage.
Section 100A CPC bars any further appeal where an appeal from an original or appellate decree or order has been heard and decided by a Single Judge of a High Court. This effectively curtails the scope of Letters Patent Appeals in such cases.
Appeals can be filed against specific orders such as those under Sections 35A, 91, 92, and 95 CPC, or orders imposing fines, or directing arrest or detention in civil prison. Additionally, appeals can be made from orders expressly allowed under Order 43 Rule 1 CPC.
As per Section 102 CPC, no second appeal shall lie in cases where the subject matter of the original suit is for recovery of money not exceeding ₹25,000. This provision limits frivolous or small-value appeals to higher courts.
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