Section 112 CPC — Savings

Section 112 CPC contains saving provisions relating to appeals to the Supreme Court. It preserves certain existing powers and rights that are not intended to be affected by the CPC.

Meaning of Section 112 CPC

Section 112 ensures that the provisions of the CPC do not take away or restrict the constitutional and statutory powers of the Supreme Court.

It operates as a saving clause and must be read with the constitutional provisions governing the Supreme Court’s jurisdiction.

Section at a Glance

Particular	Details
Section	Section 112 CPC
Subject	Savings
Main area	Supreme Court’s appellate jurisdiction
Nature	Saving provision
Important provision	Article 136 of the Constitution

Main Rule

Section 112 provides that nothing contained in the CPC shall be deemed to:

• Affect the powers of the Supreme Court under Article 136 of the Constitution; or
• Affect any provision of the Constitution or any other law for the time being in force relating to the Supreme Court’s jurisdiction.

The provision therefore preserves the Supreme Court’s constitutional and other legally recognised powers.

Article 136 — Special Leave to Appeal

One of the most important provisions saved by Section 112 is Article 136 of the Constitution.

Article 136 gives the Supreme Court discretionary power to grant special leave to appeal from judgments, decrees, determinations, sentences or orders passed by courts or tribunals in India, subject to the constitutional limitations.

Section 112 does not restrict this extraordinary constitutional jurisdiction.

Section 112 and Section 109

Section 109	Section 112
Provides for specified civil appeals from High Courts to Supreme Court	Preserves Supreme Court powers and jurisdiction
Operates subject to constitutional requirements	Ensures CPC does not affect constitutional powers
Certificate-based statutory route	Saving provision

Section 112 and Article 136

The relationship can be understood simply:

Section 112 CPC → preserves → Supreme Court’s constitutional powers, including Article 136 jurisdiction.

Therefore, even where an ordinary appeal under the CPC is unavailable or barred, Section 112 makes clear that the CPC does not itself curtail the Supreme Court’s constitutional jurisdiction under Article 136.

Practical Example

Suppose a party has no ordinary statutory appeal available under the CPC against a particular decision.

That does not, merely because of the CPC, prevent the party from invoking the Supreme Court’s jurisdiction under Article 136, subject of course to the Supreme Court’s discretionary power and the requirements governing such a petition.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 112 is a saving provision.
• It protects the powers and jurisdiction of the Supreme Court.
• Article 136 is particularly important.
• The CPC cannot be interpreted as restricting constitutional powers unless the Constitution itself permits such restriction.
• Section 112 should be read with the constitutional provisions governing Supreme Court jurisdiction.

Important Questions to Prepare

1. What is the object of Section 112 CPC?
2. What powers of the Supreme Court are saved by Section 112?
3. What is the relationship between Section 112 and Article 136?
4. Does Section 112 create a new right of appeal?
5. How does Section 112 differ from Section 109?

Key Legal Principles

1. Section 112 preserves the Supreme Court’s constitutional and statutory powers.
2. Article 136 is expressly protected from being affected by the CPC.
3. Section 112 is a saving provision and does not itself create an ordinary right of appeal.
4. The provision ensures that the CPC does not curtail the Supreme Court’s constitutional jurisdiction.

ALSO READ: Section 111 – Bar to Further Appeal

Key Takeaways

Concept	Principle
Section	Section 112 CPC
Nature	Saving provision
Main protection	Supreme Court’s powers
Important Article	Article 136
Creates appeal right?	No