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Section 106: What Courts to hear appeals

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 105 All 158 Sections of Code of Civil Procedure Section 107

Legal Commentary & Landmark Judgments: Section 106

Section 106 defines what courts are empowered to hear appeals from appealable orders under the CPC, directing that appeals lie to the court to which an appeal would lie from the decree in the suit in which the order was made.

  • Forum of Appeal from Orders: Where an appeal from any order is allowed by the Code, the appeal shall lie to the court to which an appeal would lie from the decree in the suit in which such order was made.
  • Appeals from Lower Subordinate Courts: Appeals from orders of a court subordinate to that of a District Court lie to the District Court, unless local civil court acts provide otherwise.
  • Synchronized Appellate Forum: Harmonizes appellate hierarchy between decree appeals (Section 96) and order appeals (Order 43 Rule 1).
Key Landmark Precedents:
  • Ganga Bai v. Vijay Kumar, (1974) 2 SCC 393: The Supreme Court highlighted that Section 106 ensures that appellate jurisdiction over orders mirrors appellate jurisdiction over final decrees.
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: Affirmed the appellate forum consistency enforced under Section 106.
Courtroom Practice & Strategic Litigation Guidance:

When appealing an Order 39 temporary injunction order passed by a Civil Judge (Junior Division), file your Miscellaneous Appeal before the District Judge under Section 106 read with Order 43 Rule 1.

Section 105 All 158 Sections of Code of Civil Procedure Section 107