Home  /  Code of Civil Procedure  /  Section 108

Section 108: Procedure in appeals from appellate decrees and orders

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 107 All 158 Sections of Code of Civil Procedure Section 109

Legal Commentary & Landmark Judgments: Section 108

Section 108 provides that the statutory rules applicable to appeals from original decrees shall apply, so far as may be, to appeals from appellate decrees (second appeals) and appeals from orders.

  • Procedural Uniformity Across Appeals: The provisions of this Part relating to appeals from original decrees shall, so far as may be, apply to: (a) appeals from appellate decrees, and (b) appeals from orders made under this Code or under any special or local law.
  • Application of Order 41: Extends Order 41 procedures (stay of execution, framing of points for determination, hearing) to second appeals and miscellaneous appeals.
  • Harmonized Appellate Rules: Ensures consistent procedural standards across all tiers of appellate review.
Key Landmark Precedents:
  • Nazir Mohamed v. J. Kamala, (2020) 19 SCC 765: The Supreme Court noted that Section 108 integrates first appellate procedures into second appeals, subject to the special limitations of Section 100.
  • Hero Vinoth v. Seshammal, (2006) 5 SCC 545: Affirmed procedural integration under Section 108.
Courtroom Practice & Strategic Litigation Guidance:

In miscellaneous appeals under Order 43, invoke Order 41 Rule 5 stay provisions through Section 108 to obtain an immediate stay of lower court proceedings.

Section 107 All 158 Sections of Code of Civil Procedure Section 109