Home  /  Code of Civil Procedure  /  Section 109

Section 109: When appeals lie to the Supreme Court

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 108 All 158 Sections of Code of Civil Procedure Section 110
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Decree Sec 2(2) Order Sec 2(14) Judgment Sec 2(9)

Legal Commentary & Landmark Judgments: Section 109

Section 109 regulates statutory appeals to the Supreme Court of India in civil proceedings, establishing that an appeal lies to the Supreme Court from any judgment, decree, or final order in a civil proceeding of a High Court, if the High Court certifies that the case involves a substantial question of law of general importance.

  • Supreme Court Appeal Threshold: An appeal shall lie to the Supreme Court from any judgment, decree, or final order in a civil proceeding of a High Court.
  • High Court Certificate Criteria: Only if the High Court certifies: (a) that the case involves a substantial question of law of general importance, and (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
  • Article 133 Constitution Alignment: Substantively aligns CPC statutory appeal provisions with Article 133(1) of the Constitution of India.
  • Special Leave Alternative: Operates independently of the Supreme Court's discretionary jurisdiction under Article 136 (SLP).
Key Landmark Precedents:
  • State Bank of India v. S.B.I. Staff Association, (2006) 4 SCC 416: The Supreme Court analyzed Section 109 and Article 133, holding that a certificate of fitness can be granted only where a substantial question of law of nationwide or general public importance arises which has not been authoritatively settled.
  • Ahmedabad Mfg. & Calico Ptg. Co. Ltd. v. Ram Tahel Ramnand, (1972) 1 SCC 898: The Supreme Court held that the test under Section 109 is whether the question transcends the immediate interests of the parties and affects the general public or commerce.
Courtroom Practice & Strategic Litigation Guidance:

Following an adverse High Court division bench ruling on a novel statutory interpretation, make an oral prayer under Section 109 read with Article 134A immediately upon judgment pronouncement for a Certificate of Fitness to appeal to the Supreme Court.

Section 108 All 158 Sections of Code of Civil Procedure Section 110