CPC Section 100: Second appeal
Code of Civil Procedure, 1908 · Part 7: Appeals
[100. Second appeal.—(1) Save as otherwise expressly provided in the body of this Code or by any 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.]
Official reference: Government reference hosted by Andhra Pradesh High Court — checked: 1 October 2026.Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 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
- 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 issues 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. [Omitted.]
- 111. [Omitted.]
- 111A. [Omitted.]
- 112. Savings