Section 108 CPC prescribes the procedure applicable to appeals from appellate decrees and orders. It makes the procedural rules governing appeals from original decrees applicable, subject to the provisions of the CPC and the nature of the appeal.
Meaning of Section 108 CPC
Section 108 ensures that appeals from appellate decrees and orders are governed by appropriate procedural rules.
The provision connects the procedure for such appeals with the rules contained in Order XLI, subject to the limitations and modifications prescribed by the CPC.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 108 CPC |
| Subject | Procedure in appeals from appellate decrees and orders |
| Nature | Appellate procedure |
| Main purpose | Prescribes applicable appellate procedure |
| Related provisions | Sections 100, 104; Orders XLI and XLII |
Procedure for Appeals
Section 108 provides that, so far as applicable, the provisions relating to appeals from original decrees apply to:
- Appeals from appellate decrees.
- Appeals from appellate orders.
However, these provisions operate subject to the specific provisions governing the particular type of appeal.
Second Appeals
In the case of a second appeal, the procedure must also comply with the special requirements of Section 100 and Order XLII.
Therefore, the High Court’s jurisdiction remains restricted to cases involving a substantial question of law.
Appeals from Orders
For appeals from appealable orders, the relevant provisions concerning appeals apply subject to the provisions governing such orders, particularly Order XLIII.
Practical Example
If an appeal from an appellate decree is maintainable, the procedural rules applicable to appeals from original decrees may apply to the extent permitted by the CPC.
However, the specific restrictions applicable to second appeals continue to operate.
Section 108 and Section 107
Section 107 deals with the powers of the appellate court.
Section 108 deals primarily with the procedure to be followed in specified appeals.
| Section 107 | Section 108 |
|---|---|
| Powers of appellate court | Procedure in certain appeals |
| Final decision, remand, issues, evidence | Application of appellate procedure |
| Substantive procedural powers | Procedural framework |
Practical Importance
Section 108 is important because it prevents the need for separate procedural rules for every category of appellate proceeding.
It incorporates the applicable appellate procedure while preserving the special restrictions governing different types of appeals.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 108 deals with procedure in appeals from appellate decrees and orders.
- The procedure applicable to appeals from original decrees applies where appropriate.
- Special provisions governing second appeals and appeals from orders continue to apply.
- Order XLI, Order XLII and Order XLIII are important for understanding the procedural framework.
Key Legal Principles
- Section 108 provides the procedural framework for specified appeals from appellate decrees and orders.
- The rules governing appeals from original decrees apply where applicable.
- Specific statutory restrictions continue to govern second appeals and appeals from orders.
- Section 108 should be read with the relevant appellate Orders of the CPC.
ALSO READ: Section 107 – Powers of Appellate Court
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 108 CPC |
| Subject | Appellate procedure |
| Applies to | Appellate decrees and orders |
| Main framework | Order XLI and related Orders |
| Special rules | Continue to apply |
