Section 106 CPC specifies the court competent to hear appeals under the CPC. It provides that an appeal from an order lies to the court to which an appeal would lie from the decree in the suit.
Meaning of Section 106 CPC
The provision establishes a simple rule for determining the appellate court for certain appeals against orders.
Where an order is appealable under the CPC, the appeal is generally heard by the same court that would have jurisdiction to hear an appeal from the decree in the suit.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 106 CPC |
| Subject | Court competent to hear appeals |
| Nature | Appellate procedure |
| Main purpose | Determines appellate forum |
| Related provisions | Sections 104, 105 |
Core Rule
Section 106 provides that appeals from orders made under the CPC shall lie to the court to which an appeal would lie from the decree in the suit, subject to the provisions of the CPC and any applicable law.
The provision therefore connects the appellate forum for an order with the appellate forum for the decree in the underlying suit.
Practical Example
Suppose a trial court passes an appealable order during a suit.
If an appeal from the eventual decree of that court would ordinarily lie before the District Court, an appeal from the order will generally also lie before the District Court, provided the order is one from which an appeal is permitted.
Relationship with Section 104
Section 104 identifies certain orders from which an appeal lies.
Section 106 helps determine which court should hear that appeal.
| Section 104 | Section 106 |
|---|---|
| Determines whether certain orders are appealable | Determines the appellate court |
| Focuses on right of appeal | Focuses on appellate forum |
| Read with Order XLIII | Operates to identify the competent court |
Importance of Jurisdiction
Section 106 does not independently create a right of appeal.
First, the order must be appealable under the CPC or another applicable law.
Once the right of appeal exists, Section 106 assists in determining the proper appellate court.
Practical Importance
Before filing an appeal against an order, an advocate should determine:
- Whether the order is appealable.
- Which court would hear an appeal from the decree in the suit.
- Whether any special statute changes the normal appellate forum.
- Whether the appeal is within the prescribed limitation period.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 106 concerns the court competent to hear appeals from orders.
- The appellate forum generally corresponds to the court hearing an appeal from the decree in the suit.
- Section 106 does not itself make an order appealable.
- It should be read with Sections 104 and 105 and the relevant provisions of Order XLIII.
Key Legal Principles
- Section 106 determines the court competent to hear specified appeals from orders.
- The appellate forum is generally linked to the court competent to hear an appeal from the decree.
- Section 106 does not independently create a right of appeal.
- The order must first be appealable under the applicable law.
ALSO READ: Section 105 – Other Orders
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 106 CPC |
| Subject | Court to hear appeals |
| Main rule | Appeal lies to the court competent to hear appeal from the decree |
| Creates appeal right? | No |
| Related provisions | Sections 104–105 |
