CPC Section 109 — When appeals lie to the Supreme Court

Civil

Summary

An appeal can be made to the Supreme Court against a judgment, decree, or final order of a High Court in a civil case, but only if the High Court itself gives a certificate. The High Court will give this certificate only when it finds that the case involves an important legal question that affects the public generally, and that this question should be decided by the Supreme Court. This is subject to the rules of the Constitution and any rules the Supreme Court makes about appeals.

Official Text

109. When appeals lie to the Supreme Court.-- Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies

(i) that the case involves a substantial question of law of general importance; and

(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.