Home  /  Code of Civil Procedure  /  Order XLII

Order XLII: Appeals from Appellate Decrees

Code of Civil Procedure • First Schedule Official Statutory Text & Practice Guide

Statutory Civil Practice
Mandatory Procedure
Competent Civil Court
First Schedule
Previous: Order XLI All 158 Sections & 55 Orders of CPC Next: Order XLIII

Legal Commentary & Landmark Judgments: Order 42

Order XLII provides that the rules of Order XLI relating to first appeals shall apply, so far as may be, to appeals from appellate decrees (Second Appeals) in the High Court.

  • Application of Order XLI to Second Appeals: The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees.
  • Subordination to Section 100: Application is subject to the overriding statutory provisions of Sections 100, 101, 102, and 103.
  • Memorandum of Appeal Formalities: Memorandum must be accompanied by certified copies of both trial court and lower appellate court judgments and decrees, and must specify the substantial questions of law.
Key Landmark Precedents:
  • Nazir Mohamed v. J. Kamala, (2020) 19 SCC 765: The Supreme Court authoritatively analyzed Order 42 read with Order 41, holding that while procedural rules of First Appeals apply, the High Court cannot admit a Second Appeal without formulating substantial questions of law.
  • Hero Vinoth v. Seshammal, (2006) 5 SCC 545: Reaffirmed the integration of Order 41 stay and hearing procedures into Second Appeals under Order 42.
Courtroom Practice & Strategic Litigation Guidance:

When drafting a Second Appeal under Order 42, invoke Order 41 Rule 5 read with Order 42 Rule 1 to pray for an immediate stay of execution of the lower appellate court decree.

Previous: Order XLI All 158 Sections & 55 Orders of CPC Next: Order XLIII