What Courts to hear appeals
Full Text
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.
Plain English Summary
Section 106 determines the appellate forum for appeals against orders, specifying that the appeal lies to the court that would hear an appeal from the decree in that suit, or to the High Court if the order was passed by a subordinate appellate court.
Key Legal Elements
- Forum Co-extensiveness: Appellate forum for appealable orders is identical to the appellate forum for decrees in that suit.
- Pecuniary Jurisdiction Alignment: Appeals from orders are guided by the suit's valuation and ordinary appellate hierarchy.
- Appellate Orders to High Court: If an appealable order is passed by a subordinate appellate court (other than a High Court), the appeal lies exclusively to the High Court.
Practical Note
Appellate Forum Determination for Orders: (1) Forum Follows Decree Jurisdiction: An appeal against an interlocutory order (e.g. temporary injunction under Order XXXIX Rule 1/2) lies to the exact court that has pecuniary and territorial jurisdiction to hear a First Appeal against the final decree in that suit (e.g. from Civil Judge Junior Division to District Judge / Senior Civil Judge). (2) Orders by Subordinate Appellate Courts: Where an order is made by a subordinate appellate court (e.g., District Judge remanding a suit under Order XLI Rule 23A), the appeal against that order (under Order XLIII Rule 1(u)) lies directly to the High Court.
हिंदी पाठ
जहाँ किसी आदेश की अपील अनुज्ञात है वहाँ वह उस न्यायालय में होगी जिसमें उस वाद की डिक्री की अपील होती जिसमें ऐसा आदेश किया गया था, अथवा जहाँ ऐसा आदेश (उच्च न्यायालय से भिन्न) किसी न्यायालय द्वारा अपीलीय अधिकारिता के प्रयोग में किया गया है, वहाँ उच्च न्यायालय में होगी।