Code of Civil Procedure, 1908 | Appeals to the Supreme Court
Section 112 CPC - Savings: Supreme Court Powers and Appeals
Section 112 of the Code of Civil Procedure, 1908 (CPC) is a saving provision. It preserves the Supreme Court's constitutional authority and its procedural rules, while excluding specified categories of jurisdiction from the operation of the relevant CPC provisions.
Text of 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.
The above reproduces the provision as set out in the source page, with punctuation and formatting normalized.
Meaning and purpose of Section 112
A saving provision clarifies that a statute does not override certain rights, powers, rules or matters. Section 112 prevents the CPC's provisions concerning Supreme Court appeals from being read as restricting powers conferred by the Constitution or displacing the Supreme Court's applicable rules.
Section 112(1)(a): Constitutional powers remain unaffected
Article 136 of the Constitution empowers the Supreme Court, in its discretion, to grant special leave to appeal from judgments, decrees, determinations, sentences or orders of courts or tribunals within India, subject to the constitutional exception for courts or tribunals constituted under laws relating to the Armed Forces. Section 112(1)(a) confirms that the CPC cannot cut down this or any other constitutional power of the Supreme Court.
Special leave under Article 136 is discretionary; Section 112 does not itself create a right to have an appeal heard.
Section 112(1)(b): Supreme Court procedural rules
The Supreme Court may make rules regulating its practice and procedure under Article 145 of the Constitution, subject to constitutional requirements. Section 112(1)(b) protects applicable Supreme Court rules governing the presentation and conduct of appeals. Litigants should consult the current Supreme Court Rules and relevant practice directions before filing.
Section 112(2): Matters outside the provision's reach
Subsection (2) states that nothing in the relevant CPC provisions applies to matters of criminal jurisdiction, admiralty or vice-admiralty jurisdiction, or appeals from orders and decrees of Prize Courts. These subjects are governed by their respective constitutional and statutory frameworks, not by treating the CPC's Supreme Court civil appeal provisions as a universal procedure.
Related legal provisions
- Section 109 CPC: provides for civil appeals to the Supreme Court from certain High Court judgments, decrees or final orders on the required certificate, subject to constitutional provisions and rules.
- Article 133: constitutional framework for civil appeals to the Supreme Court from High Courts.
- Article 134A: procedure relating to certificates for appeal to the Supreme Court.
- Article 136: discretionary special leave to appeal.
- Article 145: Supreme Court rule-making power concerning practice and procedure.
- Order XLV CPC: procedural provisions relating to appeals to the Supreme Court, subject to applicable constitutional provisions and Supreme Court rules.
Practical illustrations
Example 1 - Special leave: A litigant who cannot satisfy the certificate requirements for an ordinary civil appeal may consider seeking special leave under Article 136. Section 112 ensures that the CPC does not extinguish the Supreme Court's constitutional discretion; it does not guarantee that leave will be granted.
Example 2 - Filing procedure: A party preparing a Supreme Court appeal must follow the applicable Supreme Court Rules and practice directions. Section 112 prevents inconsistent CPC provisions from overriding those rules.
Example 3 - Criminal proceedings: The procedure for a criminal appeal is not determined simply by applying the CPC provisions on civil appeals to the Supreme Court. Separate constitutional and criminal procedural provisions may govern.
Frequently asked questions
Does Section 112 CPC itself provide a right of appeal?
No. It is a saving provision. The basis for an appeal must be found in the applicable Constitution, statute and procedural rules.
Can Article 136 be used when Section 109 CPC does not apply?
An application for special leave may be considered under Article 136 where constitutionally available, but permission to appeal remains within the Supreme Court's discretion.
Does Section 112 override Supreme Court Rules?
No. Subsection (1)(b) expressly preserves the applicable Supreme Court rules for presenting and conducting appeals.
Does Section 112 regulate criminal appeals?
No. Subsection (2) expressly excludes matters of criminal jurisdiction from the scope addressed by this saving clause.
Official legal resources
For the latest authoritative text and procedural requirements, consult the India Code legislative database, the Constitution of India on the Legislative Department website, and the Supreme Court of India for its current rules and filing guidance. State amendments and special laws may affect related civil procedure questions.