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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 109 CPC: When appeals lie to the Supreme Court

Bare Act text

[109. When appeals lie to the Supreme Court.—Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies—

(i) that the case involves a substantial question of law of general importance; and

(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.]

Amendment notes

  1. Subs. by Act 49 of 1973, s. 2, for section 109 (w.e.f. 29-11-1973).

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

Subject to Chapter IV of Part V of the Constitution and Supreme Court rules, an appeal lies to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court if the High Court certifies two things. First, that the case involves a substantial question of law of general importance. Second, that in its opinion the question needs to be decided by the Supreme Court. This section was substituted in 1973.

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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