GENERAL PROVISIONS RELATING TO APPEALSCentral

Section 108 of The Code of Civil Procedure, 1908

Procedure in appeals from appellate decrees and orders.

The provisions of this Part relating to appeals 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.

Summary

This section ensures that the rules for standard appeals also apply to other types of appeals.
It explicitly covers appeals that come from "appellate decrees," which are decisions made during a second round of appeal.
It also covers appeals made against "orders," rather than final judgments, under this Code.
It further extends these procedures to orders made under special or local laws, provided those laws do not have their own different procedures.
Essentially, it creates a uniform process for various types of civil appeals.

Practical examples

1Ali is filing a "second appeal" because he lost his first appeal in the District Court. According to Section 108 of the civil procedure law, the same paperwork requirements and filing steps used in his first appeal will apply to this second one.

2A small town has a local law about water rights that allows for appeals but doesn't explain the court steps. Section 108 of the national procedure code steps in to say that the standard national appeal rules should be followed.

FAQ

1. Do the procedures for original appeals apply to second appeals under Section 108 of The Code of Civil Procedure, 1908?

Yes, Section 108 of The Code of Civil Procedure, 1908, states that provisions relating to appeals from original decrees apply to appeals from appellate decrees.

2. What does Section 108 of The Code of Civil Procedure, 1908, say about appeals from orders?

Under Section 108 of The Code of Civil Procedure, 1908, the standard appeal procedures apply to appeals from orders made under the Code or under special or local laws.

3. Does Section 108 of The Code of Civil Procedure, 1908, apply if a local law already has its own appeal procedure?

No, Section 108 of The Code of Civil Procedure, 1908, applies to special or local laws only when a different procedure is not already provided by those laws.

Test yourself

1.Under Section 108 of The Code of Civil Procedure, 1908, which provisions apply to appeals from appellate decrees?

2.Section 108 of The Code of Civil Procedure, 1908, mentions that its rules apply to orders under special laws UNLESS:

3.True or False: According to Section 108 of The Code of Civil Procedure, 1908, appeals from orders follow different rules than appeals from decrees.

4.Section 108 of The Code of Civil Procedure, 1908, is located in which part of the Act?

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