APPEALS FROM ORIGINAL DECREESCentral

Section 98 of The Code of Civil Procedure, 1908

Decision where appeal heard by two or more Judges.

(1)Where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the majority (if any) of such Judges.
(2)Where there is no such majority which concurs in a judgment varying or reversing the decree appealed from, such decree shall be confirmed: Provided that where the Bench hearing the appeal is 1[composed of two or other even number of Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the Judges composing the Bench differ in opinion on a point of law, they may state the point of law upon which they differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard the appeal, including those who first heard it. 2[(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to patent of any High Court.]

Summary

When a group of judges hears an appeal, the decision is usually based on what the majority of those judges think.
If there is no majority and the judges are split evenly, the original court's decree is confirmed, meaning it stays as it was.
If the judges agree on a specific point of law but disagree on other things, they can ask more judges to hear that one point.
This section does not change any special rules found in a High Court’s Letters Patent, which are the founding documents of that court.

Practical examples

1Two judges at a High Court hear Mrs. Gupta's appeal. One judge wants to reverse the lower court's decision, and the other wants to keep it. Because they are split 50-50, Section 98 says the original lower court decision is confirmed and stands as valid.

2A bench of four judges hears a massive corporate appeal. They split 2-2. Under Section 98, because no majority concurs, or agrees, in changing the decree, the original judgment remains in place.

FAQ

1. What happens if appeal judges have a tie vote under Section 98 of the Code of Civil Procedure, 1908?

According to Section 98 of the Code of Civil Procedure, 1908, if there is no majority to change the decree, the original decree is confirmed.

2. Can a point of law be referred to more judges under Section 98 of the Civil Procedure Code?

Yes, Section 98 of the Civil Procedure Code allows judges who differ on a point of law to state that point so it can be heard by other judges in the same court.

3. Does Section 98 of the Code of Civil Procedure, 1908, override High Court Letters Patent?

No, Section 98 of the Code of Civil Procedure, 1908, states that nothing in this section shall alter or affect any provision of the Letters Patent of any High Court.

Test yourself

1.Under Section 98 of The Code of Civil Procedure, 1908, how is an appeal decided when heard by a bench of judges?

2.If an even number of judges are split and there is no majority to reverse a decree, what is the result under Section 98 of The Code of Civil Procedure, 1908?

3.Under Section 98 of The Code of Civil Procedure, 1908, if judges differ on a point of law, they may:

4.Does Section 98 of The Code of Civil Procedure, 1908, affect the "Letters Patent" of a High Court?

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