Code of Civil Procedure, 1908 | Appeals from orders
Section 106 CPC - What Courts to Hear Appeals
Section 106 of the Code of Civil Procedure, 1908 identifies the court before which an appeal against an appealable civil court order must be filed. It is a rule about the appellate forum, not a provision making every order appealable.
Legal guide | Reviewed 11 October 2026
Text of Section 106 CPC
106. What Courts to hear appeals. - Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.
Meaning and scope of Section 106
The provision establishes two routes for appeals from orders, provided an appeal is authorised by the CPC or another applicable law. An order made by a court exercising original jurisdiction is ordinarily appealed to the court that would hear an appeal from the decree in that suit. An appealable order made by a court other than a High Court while exercising appellate jurisdiction is appealed to the High Court.
Section 106 must be read with Section 104 CPC and Order XLIII Rule 1, which identify categories of appealable orders. Local civil court legislation, valuation rules and applicable special laws may affect the competent forum.
Which court hears the appeal?
| Origin of appealable order | Forum under Section 106 |
|---|---|
| Order passed in the exercise of original jurisdiction | The court to which an appeal from the decree in that suit would lie. |
| Order passed by a court other than the High Court in the exercise of appellate jurisdiction | The High Court, subject to the order being independently appealable and any statutory restrictions. |
| Order passed by a High Court | The second limb of Section 106 does not prescribe a further appeal. Any remedy must arise under other applicable law. |
Requirements before filing an appeal
- Identify an appealable order: Check Section 104, Order XLIII Rule 1 or the relevant special enactment.
- Identify the jurisdiction in which the order was made: Determine whether the court acted in original or appellate jurisdiction.
- Identify the proper forum: Apply Section 106 alongside the relevant state civil courts legislation and pecuniary jurisdiction rules.
- Check procedural rules and limitation: Consider the Limitation Act, 1963, Order XLIII Rule 2 and applicable court rules.
- Check statutory exclusions: In particular, Section 104(2) states that no appeal lies from an order passed in appeal under Section 104.
Practical examples
Example 1: Appeal from an original court order
A civil court passes an order of a type expressly appealable under Order XLIII Rule 1. The appeal generally goes to the court that would hear an appeal against a decree in that suit, taking account of the applicable court hierarchy and valuation.
Example 2: Appeal from an order of a lower appellate court
A district appellate court passes an order while hearing an appeal. If the particular order is appealable under the law and no statutory bar applies, Section 106 directs the appeal to the High Court. This does not permit a second appeal against an order already decided in an appeal under Section 104.
Related CPC provisions
- Section 104 - Orders from which appeal lies: identifies appealable orders and restricts further appeals.
- Section 105 - Other orders: governs challenges to non-appealable interlocutory orders in an appeal from a decree, subject to its exceptions.
- Section 107 - Powers of appellate court: describes powers exercisable in appeal.
- Section 108 - Procedure in appeals: applies specified appellate procedures.
- Order XLIII Rules 1 and 2: lists appealable orders and applies Order XLI procedure, so far as may be.
Frequently asked questions
Does Section 106 make every civil court order appealable?
No. It determines the court to hear an appeal only where the order is otherwise appealable.
Can an order passed by a district appellate court be appealed to the High Court?
Only where an appeal is legally permitted. Section 106 identifies the High Court as the forum for an appealable order made by a non-High Court exercising appellate jurisdiction; Section 104(2) and other restrictions still apply.
Is an appeal from an order the same as an appeal from a decree?
No. Appeals from decrees and appeals from orders have distinct statutory bases. Section 106 uses the forum for an appeal from the decree as a reference point in its first limb.
Official legal resources
For the current statutory text and amendments, consult the India Code official legislation portal and the Legislative Department, Government of India. For judgments, use the Supreme Court of India website. State amendments and court-specific rules should also be checked where relevant.
This article provides general legal information and is not a substitute for advice on a particular proceeding.