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The Code of Civil Procedure, 1908: page 69

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 69, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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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:
                                                                            e
                                                                    od
   (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 s. 4]
                                                                aC
    1
                                                           di
     [100A. No further appeal in certain cases.—Notwithstanding anything contained in any Letters Patent
                                                   In
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 100A (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 Sch. III.
5. Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra.


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