Section 100A of The Code of Civil Procedure, 1908
No further appeal in certain cases.
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.]
Summary
- This section stops people from filing a second appeal within a High Court if a Single Judge has already decided the case.
- It applies whether the Single Judge was hearing an appeal from a trial court decree or an earlier appeal decision.
- This rule overrides any other laws, including special rules like "Letters Patent" that might usually allow such appeals.
- Its main goal is to ensure that once a High Court judge has reviewed a case, that specific stage of litigation is final.
Practical examples
FAQ
1. Can I appeal a Single Judge decision to a Division Bench under CPC 100A?
No, Section 100A of the Code of Civil Procedure, 1908, explicitly bars any further appeal when a Single Judge of a High Court has already decided an appeal.
2. Does Section 100A of The Code of Civil Procedure, 1908, apply to original orders?
Yes, the section states that no further appeal lies from a judgment or decree where a Single Judge has decided an appeal from either an original or an appellate decree or order.
3. Can Letters Patent allow an appeal blocked by CPC Section 100A?
No, Section 100A of the 1908 Code specifically states that it applies regardless of anything contained in any Letters Patent for any High Court.
Test yourself
1.Under Section 100A of The Code of Civil Procedure, 1908, what happens when a Single Judge of a High Court decides an appeal?
2.Which of the following does Section 100A of the Code of Civil Procedure, 1908, specifically mention as being overridden?
3.Under Section 100A of the 1908 Act, does the ban on further appeals apply to "orders" as well as "decrees"?
4.If a party is "aggrieved" (legally wronged) by a Single Judge's appeal decision, what is the effect of Section 100A of the Code of Civil Procedure, 1908?