106. What Courts to hear appeals.—Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.
Section 106 CPC: What Courts to hear appeals
Bare Act text
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
Where an appeal from an order is allowed, it lies to the Court to which an appeal would lie from the decree in the suit in which the order was made. Where the order was made by a Court other than a High Court in the exercise of appellate jurisdiction, the appeal lies to the High Court.
Part VII: Appeals
- 96 Appeal from original decree
- 97 Appeal from final decree where no appeal from preliminary decree
- 98 Decision where appeal heard by two or more Judges
- 99 No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
- 99A No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
- 100 Second appeal
- 100A No further appeal in certain cases
- 101 Second appeal on no other grounds
- 102 No second appeal in certain cases
- 103 Power of High Court to determine issue of fact
- 104 Orders from which appeal lies
- 105 Other orders
- 106 What Courts to hear appeals
- 107 Powers of Appellate Court
- 108 Procedure in appeals from appellate decrees and orders
- 109 When appeals lie to the Supreme Court
- 110 Value of subject matters (Repealed)
- 111 Bar of certain appeals (Repealed)
- 111A Appeals to Federal Court (Repealed)
- 112 Savings