Section 98 CPC deals with the decision of an appeal heard by a Bench consisting of two or more judges. It lays down how the decision is to be determined when the judges do not agree.
- Meaning of Section 98 CPC
- Section at a Glance
- Decision by Majority
- Where Judges Differ
- Restrictions in Certain Appeals
- Section 98 and Majority Rule
- Practical Example
- Section 98 and Order XLI
- Important Case Law
- Practical Importance
- Importance for Law Students and Judiciary Exams
- Important Questions to Prepare
- Key Legal Principles
- Key Takeaways
Meaning of Section 98 CPC
When an appeal is heard by two or more judges, the decision is ordinarily governed by the opinion of the majority.
The provision also addresses situations where the judges differ in their views and provides a mechanism for resolving such disagreement.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 98 CPC |
| Subject | Decision by a Bench of two or more judges |
| Nature | Appellate procedure |
| Main principle | Majority decision |
| Related provision | Order XLI |
Decision by Majority
Where an appeal is heard by two or more judges, the judgment or order is determined according to the opinion of the majority.
For example, if a Bench of three judges has two judges supporting one view and one judge supporting another, the majority view determines the decision.
Where Judges Differ
Section 98 provides for the procedure to be followed where the judges composing the Bench are equally divided or disagree on the result.
Where the judges are equally divided, the matter is dealt with in accordance with the statutory mechanism prescribed by the Section and the applicable procedural rules.
Restrictions in Certain Appeals
Section 98 also contains restrictions concerning appeals heard by a Bench of two or more judges in certain circumstances, particularly where the original decree is of a nature or value covered by the statutory limitation.
The applicability of these restrictions must be determined from the precise wording of the provision and the nature of the appeal.
Section 98 and Majority Rule
The basic principle can be summarised as:
More than one judge hearing the appeal → majority opinion ordinarily determines the result.
This ensures that a multi-judge Bench can reach a binding decision even when individual judges hold different views.
Practical Example
A two-judge Bench hears an appeal.
One judge considers that the appeal should be allowed, while the other considers that it should be dismissed.
Where the judges are equally divided, the special procedure provided under Section 98 applies rather than allowing either judge’s view to automatically prevail.
Section 98 and Order XLI
Section 98 establishes the statutory framework governing decisions by a multi-judge appellate Bench.
Order XLI contains the general procedural rules governing appeals from original decrees.
Important Case Law
Ganga Ram v. Phulwati, (1970) 3 SCC 50
The Supreme Court considered the operation of Section 98 in the context of appellate decision-making and the effect of disagreement between judges.
The case illustrates the importance of following the statutory procedure where members of an appellate Bench do not agree.
Practical Importance
For appellate practice, Section 98 is relevant where an appeal is heard by a Division Bench or larger Bench.
The advocate must understand:
- How majority decisions operate.
- What happens when judges disagree.
- The statutory restrictions applicable to certain appeals.
- The procedural consequences of a divided Bench.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 98 governs appeals heard by two or more judges.
- The majority opinion ordinarily determines the decision.
- Special provisions apply where judges are equally divided.
- The provision contains restrictions relating to certain appeals.
- It should be read with the procedural provisions governing appeals.
Important Questions to Prepare
- What is the principle governing decisions under Section 98 CPC?
- What happens when judges hearing an appeal disagree?
- How does the majority principle operate in a multi-judge Bench?
- What restrictions are contained in Section 98?
Key Legal Principles
- A multi-judge appellate Bench ordinarily decides by majority.
- Disagreement between judges is dealt with through the mechanism provided by Section 98.
- The provision ensures a structured method for deciding appeals despite judicial disagreement.
ALSO READ: Section 97 – Appeal from Final Decree Where Preliminary Decree Not Appealed
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 98 CPC |
| Subject | Decision by multi-judge Bench |
| General rule | Majority opinion |
| Disagreement | Statutory procedure applies |
| Context | Appellate proceedings |
