CPC Section 98: Decision where appeal heard by two or more Judges
Code of Civil Procedure, 1908 · Part 7: Appeals
98. Decision where appeal heard by two or more Judges.—(1) Where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the majority (if any) of such Judges.
(2) Where there is no such majority which concurs in a judgment varying or reversing the decree appealed from, such decree shall be confirmed :
Provided that where the Bench hearing the appeal is [composed of two or other even number of Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the Judges composing the Bench differ in opinion on a point of law, they may state the point of law upon which they differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard the appeal, including those who first heard it. [(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to patent of any High Court.]
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
- 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
- 100. Second appeal
- 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