CPC Section 98 — Decision where appeal heard by two or more Judges

Civil

Summary

When an appeal is heard by two or more judges, the decision is based on the opinion of the majority of those judges. If there is no majority that agrees to change or reverse the original court's decision, then that original decision stands. However, if the bench has an even number of judges and they disagree on a legal question, they can send that specific question to one or more other judges from the same court. That legal question will then be decided by the majority of all the judges who have heard the appeal, including the original ones. This section does not change any existing rules in the letters patent of any High Court.

Official Text

(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.