⚖ Part VII · Appeals — Map (§§96–112 overview) ↗

CPC, 1908 · Part VII · Appeals · General provisions (§§107–108)

Section 108 — Procedure in appeals from appellate decrees and orders

One line that saves a whole chapter from being written twice. The rules this Part lays down for appeals from original decrees — the right, the powers (§ 107), the harmless-error rules, Order XLI — apply, so far as may be, to (a) appeals from appellate decrees (second appeals) and (b) appeals from orders, except where a special or local law lays down a different procedure.

§ 108

How to read Section 108

Borrow the first-appeal rules

The provisions of this Part on appeals from original decrees apply, so far as may be, to the other appeals — so the Code need not repeat them.

(a) Appellate decrees

They apply to appeals from appellate decrees — i.e. second appeals (§ 100). So § 107’s powers, Order XLI, etc. run there too.

(b) Orders

And to appeals from orders (under the Code or a special/local law) — unless that law provides a different procedure.

The bare Act

Section 108 · verbatim

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.

→ Carries §§ 96–107 + Order XLI into second appeals (§ 100) and appeals from orders (§ 104) — except where a special/local law lays down its own procedure.

Note. § 108 stands as in the original Code. “This Part” is Part VII (Appeals). It is the bridge that makes § 107 (and the first-appeal scheme) do double duty for second appeals and order-appeals.

Key terms decoded

Provisions of this Part relating to appeals from original decrees

The first-appeal scheme of Part VII — the right (§ 96), harmless-error rules (§ 99), the powers of the appellate court (§ 107), and Order XLI.

So far as may be

The borrowed rules apply to the extent they sensibly can — a practical transposition, not a rigid one (the same flexibility as § 107’s “as nearly as may be”).

Appeals from appellate decrees

Second appeals — from the decree of the first appellate court (§ 100). Clause (a) extends the machinery to them.

Orders made under this Code

Appealable orders (§ 104 / Order XLIII) — clause (b) extends the procedure to appeals from them.

Special or local law

A statute outside the Code (e.g. a Rent Act) that allows an appeal from an order. Its order-appeals also borrow this Part’s procedure…

In which a different procedure is not provided

… unless that special/local law lays down its own appeal procedure — then that procedure governs, not Part VII.

The picture — the first-appeal rules do double duty

§ 108 is a borrowing clause. Rather than re-writing the appeal machinery for second appeals and order-appeals, it says: take the rules built for appeals from original decrees and apply them, so far as may be, to those too — bowing out only where a special or local law has set its own procedure.

Section 108, part by part

The borrowed rules

The provisions of this Part relating to appeals from original decrees

The whole first-appeal scheme of Part VII — §§ 96–107 and Order XLI — is the thing being carried across.

Applied — so far as may be

shall, so far as may be, apply to appeals—

They apply to the extent they sensibly can to the two further classes of appeal listed next.

(a) Appellate decrees

from appellate decrees, and

First, to second appeals — appeals from the decree of the first appellate court (§ 100).

(b) Orders

from orders made under this Code or under any special or local law in which a different procedure is not provided.

Second, to appeals from orders — under the Code (§ 104) or a special/local law — unless that law provides a different procedure, which then prevails.

Connected provisions

Section 108 closes the general provisions on appeals (§§ 107–108). It extends the first-appeal scheme — especially the powers in § 107 and the procedure of Order XLI — to second appeals (§ 100) and appeals from orders (§ 104), so the Code states those rules once.

§ 109 →When a civil appeal lies to the Supreme Court — on a HC certificate. (Next section.)

§ 107 ←The powers § 108 carries across. (Previous section.)

§ 100 →Second appeal — an appeal from an appellate decree, clause (a).

§ 104 →Appeals from orders — clause (b).

§ 96 →Appeals from original decrees — the rules being borrowed.

⚖ Part VII MapPart VII — Appeals §§ 96–112.

Test yourself

1 Do § 107’s powers (remand, additional evidence, etc.) apply in a second appeal? — Yes — § 108(a): this Part’s provisions apply, so far as may be, to appeals from appellate decrees.

2 A special law allows an appeal from a certain order but lays down its own appeal procedure. Does Part VII’s procedure apply? — No — § 108(b) applies only where a different procedure is not provided.

3 Why does the Code not repeat the appeal rules for second appeals and order-appeals? — Because § 108 borrows the first-appeal rules and applies them, so far as may be, to both.

Part VII · Appeals · Section 108 — Procedure in appeals from appellate decrees and orders.