Vidhara

The Code of Civil Procedure, 1908

§100Second appeal

(1) Save as otherwise expressly provided in the body of this Code or by any 1. Ins. by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977). 2. Subs. by Act 46 of 1999, s. 9, for “three thousand rupees” (w.e.f. 1-7-2002). 3. Subs. by Act 104 of 1976, s. 34, for certain words (w.e.f. 1-2-1977). 4. Ins. by Act 18 of 1928, s. 2 and the First Schedule. 5. Ins. by Act 104 of 1976, s. 35 (w.e.f. 1-2-1977). 6. Proviso Added by s. 35, ibid. (w.e.f. 1-2-1977). 7. Ins. by s. 36, ibid. (w.e.f. 1-2-1977). 8. Subs. by s. 37, ibid., for section 100 (w.e.f. 1-2-1977). 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

This section has been amended in its application to Kerala. The text above is the central provision and is what applies everywhere else — these amendments are law only in the State that made them.

Reproduced from the same official PDF as the section above, as the amending Act words it — not a consolidated State version of the section. Check the source before relying on it.

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Source & version

Official text: India Code (official)

Official India Code text: The Code of Civil Procedure, 1908 (5 of 1908), English PDF (bitstream 123456789/2191/1/A190805.pdf, 3,275,360 bytes, sha256 8849fc32…) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-29. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser. Automated parse; footnotes/amendment history excluded; Schedule I (Orders/Rules) not included in the section list; spot-verified; full clause-level proofread pending.

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