Section 154 CPC — Saving of Present Right of Appeal

Introduction

Section 154 of the Code of Civil Procedure, 1908 deals with the saving of existing rights of appeal.

The provision is based on an important principle of procedural law: the enactment or application of the CPC should not, merely by its operation, take away a right of appeal that a person already possessed under the law applicable immediately before the commencement of the Code.

In simple terms, Section 154 protects an existing right of appeal from being adversely affected merely because of the coming into force of the CPC.

Section at a Glance

Particular	Details
Section	Section 154 CPC
Subject	Saving of present right of appeal
Nature	Procedural
Main purpose	Protection of an existing right of appeal
Key principle	A vested right of appeal is not taken away merely by commencement of the Code
Importance	Protects existing appellate rights

Statutory Provision

Section 154 CPC provides:

“Nothing herein contained shall affect the right of appeal which any person would have had under any law in force immediately before the commencement of this Code.”

The central expression is:

“right of appeal”

The provision therefore focuses on preserving an appellate right that existed under the law immediately before the CPC came into operation.

Meaning of Section 154 CPC

In simple terms, Section 154 means:

The CPC should not be interpreted as taking away a right of appeal that a person already possessed under the earlier applicable law.

The provision acts as a saving clause.

Its purpose is to protect an existing appellate entitlement against an unintended effect of the new procedural code.

What Is a Right of Appeal?

A right of appeal is the legal right to challenge a decision before a higher court where the law provides such an appellate remedy.

Importantly, a right of appeal is not merely a matter of procedure in the ordinary sense.

The Supreme Court has recognised that a right of appeal, when validly conferred, has the character of a substantive and vested right, subject to the law governing that right.

This principle is important when determining whether a subsequent procedural enactment can affect an already existing appellate right.

Purpose and Object of Section 154

Section 154 primarily serves to:

• preserve an existing right of appeal;
• prevent unintended deprivation of appellate remedies;
• protect vested appellate rights;
• maintain continuity between the previous legal regime and the CPC;
• ensure that commencement of the Code does not retrospectively destroy an existing right of appeal.

Essential Features of Section 154

1. It is a Saving Provision

Section 154 does not create a new right of appeal.

Instead, it saves an existing right.

This distinction is important:

Section 154 → preserves

rather than

Section 154 → creates.

2. The Right Must Exist Under the Earlier Law

The provision applies to a right of appeal that a person would have had under the law in force immediately before commencement of the CPC.

Therefore, Section 154 cannot be used to invent an appellate right where none existed.

3. The Provision Protects Existing Rights

The central concern is preventing the CPC from inadvertently affecting a pre-existing appellate entitlement.

4. It Concerns Appellate Rights

The provision specifically deals with the right of appeal, rather than every possible procedural right.

Section 154 and Vested Right of Appeal

One of the most important principles associated with Section 154 is that a right of appeal, once vested, is generally regarded as a substantive right.

The right normally becomes attached to the litigation according to the law applicable at the relevant time.

This is why courts distinguish between:

• a right of appeal; and
• the procedure governing the exercise of that appeal.

The legislature can regulate appellate procedure, but the question whether an existing right of appeal has been taken away requires careful consideration.

Section 154 and Retrospective Operation

Section 154 is relevant to the relationship between existing appellate rights and subsequent procedural legislation.

The basic concern is whether a new procedural enactment should be interpreted as retrospectively taking away an appeal that was already available under the previous law.

Section 154 indicates that the CPC should not be understood as affecting such a right merely by reason of its commencement.

Section 154 Does Not Create an Unlimited Right of Appeal

Section 154 should not be misunderstood as giving every litigant a right to appeal.

A right of appeal must arise from law.

For example, if the applicable law does not provide an appeal from a particular order or decision, Section 154 cannot independently create one.

Therefore:

No existing right → nothing to save.

Section 154 and Section 96 CPC

Section 96 CPC generally provides for appeals from original decrees.

Section 154 is different.

Section 154	Section 96
Saves an existing right of appeal	Provides a statutory framework for appeal from original decrees
Saving provision	Express appellate provision
Concerned with rights existing under earlier law	Governs appeals from original decrees under the CPC

Thus, Section 154 should not be treated as an independent general appellate provision.

Section 154 and Section 104 CPC

Section 104 CPC specifies certain orders from which an appeal lies.

Section 154, on the other hand, is concerned with preservation of an appellate right that existed under the earlier law.

Therefore:

Section 104 → specifies certain appealable orders.

Section 154 → saves an existing right of appeal.

Section 154 and Section 6 of the General Clauses Act

The principle underlying Section 154 is closely connected with the broader legal concept of saving accrued or existing rights when legislation changes.

Where legislation is repealed or replaced, saving provisions may preserve rights that have already accrued, subject to the language and scheme of the relevant statute.

Section 154 performs this protective function specifically in relation to an existing right of appeal.

Practical Example

Suppose an appellate right existed under the law applicable immediately before the CPC came into force.

After the CPC commences, a party argues that the new procedural code has eliminated that right merely because the CPC does not expressly reproduce the earlier appellate provision.

Section 154 prevents the existing right from being treated as automatically extinguished merely because of the commencement of the Code.

The important question would still be whether the person actually possessed the relevant right under the earlier law.

Another Example

Suppose an earlier law gave a person a right to appeal against a particular category of decree.

The CPC subsequently comes into force.

Section 154 ensures that the commencement of the CPC itself does not operate to destroy that previously existing appellate right.

The provision therefore acts as a bridge between the old legal regime and the new procedural regime.

Important Limitation

Section 154 is a saving provision, not an independent source of appellate jurisdiction.

It cannot:

• create a right of appeal where none existed;
• expand the scope of an existing appeal beyond what the law provided;
• automatically make every order appealable;
• override a later valid legislative provision that expressly changes the appellate right.

The exact statutory language and subsequent legislation must therefore always be considered.

Judicial Principle: Right of Appeal as a Vested Right

The Supreme Court has consistently recognised the principle that a right of appeal is a substantive right and ordinarily becomes vested according to the law applicable at the relevant stage.

A leading authority on this broader principle is:

Garikapati Veeraya v. N. Subbiah Choudhry, AIR 1957 SC 540

The Supreme Court explained the nature of a right of appeal and recognised that an appeal is a continuation of the original proceeding.

The case is particularly important for understanding the concept of a vested right of appeal.

Key Principle

The right of appeal is generally determined by the law applicable when the relevant proceeding is instituted, subject to subsequent legislative changes and the specific language of the legislation.

This principle is highly relevant when analysing saving provisions such as Section 154.

Practical Importance in Civil Litigation

Section 154 becomes particularly important when dealing with changes in procedural legislation and determining whether an existing appellate remedy continues to be available.

An advocate should examine:

1. What law governed the proceeding immediately before commencement of the CPC?
2. Did that law confer a right of appeal?
3. Was that right already available to the concerned person?
4. Does the new legislation expressly or necessarily remove the right?
5. Is the issue one concerning the existence of the right of appeal or merely its procedural exercise?

This distinction can be critical in appellate litigation.

Common Confusions

Does Section 154 create a right of appeal?

No.

It preserves an existing right; it does not independently create one.

Does every litigant have a right of appeal under Section 154?

No.

There must have been a legally recognised right of appeal under the earlier law.

Is a right of appeal merely procedural?

The right of appeal is generally treated as a substantive and vested right, although the procedure governing its exercise may be procedural.

Can Section 154 override a later law expressly removing an appeal?

No.

A later valid legislative provision may alter or abolish an appellate right, depending on its terms and applicable principles of statutory interpretation.

Is Section 154 the same as Section 96?

No.

Section 96 provides for appeals from original decrees under the CPC, whereas Section 154 is a saving provision protecting an existing appellate right.

Importance for Law Students and Judiciary Exams

Section 154 is short but important because it tests the concept of a vested right of appeal.

What to Remember

• Section 154 is a saving provision.
• It protects a right of appeal existing under the law immediately before commencement of the CPC.
• It does not create a new right of appeal.
• A right of appeal is generally regarded as a substantive vested right.
• The provision prevents the commencement of the CPC from automatically destroying an existing appellate right.
• It must be distinguished from provisions such as Sections 96 and 104, which expressly provide for appeals under the CPC.

Important Questions to Prepare

1. What is the object of Section 154 CPC?
2. What is meant by “saving of present right of appeal”?
3. Does Section 154 create a new right of appeal?
4. Explain the concept of a vested right of appeal.
5. Distinguish Section 154 from Section 96 CPC.
6. Distinguish Section 154 from Section 104 CPC.
7. Explain the significance of Garikapati Veeraya v. N. Subbiah Choudhry.
8. Can a subsequent law affect an existing right of appeal?
9. What is the relationship between Section 154 and retrospective operation of procedural legislation?

Key Legal Principles

1. Section 154 saves an existing appellate right

It protects a right of appeal that existed under the law immediately before commencement of the CPC.

2. It does not create an appellate remedy

The provision only preserves a right that already existed.

3. Right of appeal is generally a vested substantive right

Once validly conferred, a right of appeal is ordinarily treated differently from mere procedural rules.

4. Commencement of the CPC does not automatically extinguish the earlier right

Section 154 prevents such automatic deprivation merely because the Code has commenced.

5. Section 154 must be distinguished from ordinary appellate provisions

Sections such as 96 and 104 provide specific appellate remedies, whereas Section 154 performs a saving function.

Key Takeaways

Concept	Principle
Section	Section 154 CPC
Subject	Saving of present right of appeal
Nature	Saving provision
What it protects	Existing right of appeal
Does it create a new appeal?	No
Important concept	Vested right of appeal
Leading authority	Garikapati Veeraya v. N. Subbiah Choudhry
Related provisions	Sections 96 and 104 CPC

ASLO READ: Section 153B – Trial to Be Deemed Open Court

Conclusion

Section 154 CPC protects an existing right of appeal that a person possessed under the law in force immediately before the commencement of the Code. It is a saving provision designed to ensure that the introduction of the CPC does not, by itself, retrospectively destroy an already existing appellate right.

The easiest way to remember it is:

Section 154 does not create a right of appeal — it saves a right of appeal that already existed.