Section 106 of The Code of Civil Procedure, 1908
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.
Summary
- This section specifies which courts are authorized to hear appeals against legal orders.
- It generally sends these appeals to the same court that would handle an appeal against the final decree in that specific suit.
- If an order is made by a court that is already acting in an appellate role, the appeal must go to the High Court.
- This rule applies provided the court making the order is not already a High Court.
Practical examples
FAQ
1. Which court hears an appeal against an order under Section 106 of The Code of Civil Procedure, 1908?
According to Section 106 of The Code of Civil Procedure, 1908, the appeal goes to the court that has the authority to hear an appeal against the final decree in that suit.
2. What happens if a District Court makes an order while hearing an appeal under Section 106 of the civil procedure law?
Under Section 106 of The Code of Civil Procedure, 1908, if a court like a District Court makes an order while exercising its appellate jurisdiction, the appeal against that order must be filed in the High Court.
3. Does Section 106 of The Code of Civil Procedure, 1908, allow appeals to the High Court for every order?
No, Section 106 of The Code of Civil Procedure, 1908, states that for orders made in original jurisdiction, the appeal follows the path of the decree, and only orders made by courts already hearing an appeal are automatically sent to the High Court.
Test yourself
1.Under Section 106 of The Code of Civil Procedure, 1908, where does an appeal against an order lie if it was made by a court in its original jurisdiction?
2.According to Section 106 of The Code of Civil Procedure, 1908, if a subordinate court makes an order while hearing an appeal, the next appeal goes to:
3.Does Section 106 of The Code of Civil Procedure, 1908, provide rules for which court hears an appeal against a final decree?
4.Under Section 106 of The Code of Civil Procedure, 1908, if an order is made by a local court and the final decree appeal would go to the District Court, the order appeal goes to: