Sections 101 and 102 of the Code of Civil Procedure, 1908

Sections 101 and 102 CPC limit the availability of a second appeal. Section 101 confines a second appeal to the ground permitted by Section 100, while Section 102 creates a monetary bar in specified money-recovery suits.

Section 101 CPC - Second appeal on no other grounds

Section 101. Second appeal on no other grounds.

No second appeal shall lie except on the ground mentioned in section 100.

Section 101 must therefore be read with Section 100 CPC. In general, a second appeal to the High Court under Section 100 depends upon the case involving a substantial question of law, subject to the statutory requirements and any applicable amendments.

Section 102 CPC - No second appeal in certain cases

Section 102. No second appeal in certain cases.

No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.

Current central provision: The present Section 102 concerns suits for recovery of money not exceeding Rs. 25,000. The earlier wording referring to suits cognizable by Courts of Small Causes and a Rs. 3,000 threshold is no longer the current central text.

Section 102 was substituted by the Code of Civil Procedure (Amendment) Act, 2002. Its effect is to exclude a second appeal where the original suit is a money-recovery suit and the subject matter does not exceed the statutory monetary limit.

State amendments: State-specific amendments to the Code may alter the position in a particular State. The applicable local amendment, if any, should be checked before relying on the central text for a specific proceeding.

Meaning and practical effect of Sections 101 and 102 CPC

What does Section 101 CPC mean?

Section 101 prevents a second appeal from being maintained on grounds outside Section 100. It reinforces the restricted nature of second appellate jurisdiction.

What does Section 102 CPC mean?

Section 102 imposes an additional statutory bar in qualifying money-recovery suits. Even where a party wishes to challenge an appellate decree, a second appeal is not available if the original suit falls within Section 102.

How do Sections 100, 101 and 102 work together?

Section 100 sets out the basis for a second appeal, Section 101 prevents a second appeal on any other ground, and Section 102 excludes second appeals altogether in the specified category of low-value money-recovery suits.

Official reference

For the authoritative central text and amendments, refer to the official Government of India publication of the Code of Civil Procedure, 1908.

Official Code of Civil Procedure, 1908 - Legislative Department