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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part VII: Appeals

Section 100 CPC: Second appeal

Bare Act text

[100. Second appeal.—(1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.

(2) An appeal may lie under this section from an appellate decree passed ex parte.

(3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.

(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:

Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.]

State amendments

Kerala.

In sub-section (1) of section 100 of the Principal Act, after clause (c), the following clause shall be added, namely:

(d) the finding of the lower appellate court on any question of fact material to the right decision of the case on the merits being in conflict with the finding of the Court of first instance on such question.

[Vide Kerala Act 13 of 1957 s. 4]

Amendment notes

  1. Subs. by s. 37, ibid., for section 100 (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Unless the Code or another law provides otherwise, an appeal lies to the High Court from every appellate decree of a subordinate Court if the High Court is satisfied that the case involves a substantial question of law. It may lie even from an ex parte appellate decree. The memorandum of appeal must precisely state the substantial question of law, and the High Court must formulate it. The appeal is heard on that question, though the respondent may argue it is not involved, and the Court may hear other questions for recorded reasons.

Part VII: Appeals

  1. 96 Appeal from original decree
  2. 97 Appeal from final decree where no appeal from preliminary decree
  3. 98 Decision where appeal heard by two or more Judges
  4. 99 No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
  5. 99A No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
  6. 100 Second appeal
  7. 100A No further appeal in certain cases
  8. 101 Second appeal on no other grounds
  9. 102 No second appeal in certain cases
  10. 103 Power of High Court to determine issue of fact
  11. 104 Orders from which appeal lies
  12. 105 Other orders
  13. 106 What Courts to hear appeals
  14. 107 Powers of Appellate Court
  15. 108 Procedure in appeals from appellate decrees and orders
  16. 109 When appeals lie to the Supreme Court
  17. 110 Value of subject matters (Repealed)
  18. 111 Bar of certain appeals (Repealed)
  19. 111A Appeals to Federal Court (Repealed)
  20. 112 Savings
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