Sections 108, 109 and 112 of the Code of Civil Procedure, 1908
Sections 108, 109 and 112 CPC deal with the procedure applicable to appeals from appellate decrees and orders, civil appeals to the Supreme Court on a High Court certificate, and savings protecting the constitutional powers and rules of the Supreme Court.
Section 108 CPC - Procedure in appeals from appellate decrees and orders
The provisions of this Part relating to appeals from original decrees shall, so far as may be, apply to appeals-
(a) from appellate decrees, and
(b) from orders made under this Code or under any special or local law in which a different procedure is not provided.
Section 108 extends, so far as may be, the procedural provisions governing appeals from original decrees to appeals from appellate decrees and to appeals from orders where the Code or the applicable special or local law does not prescribe a different procedure.
Section 109 CPC - 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.
Section 109 operates subject to the Constitution and the Supreme Court Rules. A civil appeal under this provision requires the High Court to grant the statutory certificate on both conditions stated in clauses (i) and (ii).
Sections 110, 111 and 111A CPC - Omitted
In the current central Code, Sections 110, 111 and 111A are omitted. They are therefore not reproduced as operative statutory provisions on this page.
Section 112 CPC - Savings
(1) Nothing contained in this Code shall be deemed-
(a) to affect the powers of the Supreme Court under article 136 or any other provision of the Constitution, or
(b) to interfere with any rules made by the Supreme Court, and for the time being in force, for the presentation of appeals to that Court, or their conduct before that Court.
(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty jurisdiction or to appeals from orders and decrees of Prize Courts.
Section 112 makes clear that the CPC provisions concerning appeals to the Supreme Court do not curtail the Supreme Court's constitutional powers or interfere with its rules governing the presentation and conduct of appeals.
Meaning and practical effect of Sections 108, 109 and 112 CPC
What does Section 108 CPC do?
It applies the general appellate procedure for appeals from original decrees, so far as may be, to appeals from appellate decrees and to appeals from orders where no different procedure is prescribed.
When can a civil appeal lie to the Supreme Court under Section 109 CPC?
A civil appeal may lie from a judgment, decree or final order of a High Court where the High Court certifies that the case involves a substantial question of law of general importance and that the question needs to be decided by the Supreme Court, subject to the Constitution and applicable Supreme Court Rules.
Does the CPC restrict Article 136 jurisdiction?
No. Section 112 expressly saves the Supreme Court's powers under Article 136 and other provisions of the Constitution.
Official reference
For the authoritative central text and amendments, refer to the Government of India publication of the Code of Civil Procedure, 1908 on India Code.
Official Code of Civil Procedure, 1908 - India Code