No further appeal in certain cases
Section 100A of the Code of Civil Procedure, 1908 deals with no further appeal in certain cases. Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further The Act came into force on 01 Jan 1909.
1[100A. No further appeal in certain cases.--Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgment and decree of such Single Judge.]
Section 100A, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Vasanthi vs Venugopal (d) Thr. Lrs
Court's Decision & Legal Precedent
A person claiming protection of their possession under Section 53A of the Transfer Of Property Act must establish not only the existence of a written contract of sale, part performance through possession and payment, and acts done in furtherance of the contract, but also and crucially, that they have been always and ever ready and willing to perform their part of the contract at all relevant times. Mere passive occupation without taking effective steps to enforce the contract or proving continuous readiness and willingness does not entitle such person to protection under Section 53A. Furthermore, such protection cannot be extended to defeat the rights of a bona fide purchaser for value who has no notice of the contract or the part performance thereof. A registered sale deed obtained in good faith by a bona fide purchaser without knowledge of a prior unregistered agreement of sale confers superior title, and the failure of the earlier claimant to enforce their contractual rights within the period of limitation (read with the failure to prove readiness and willingness) disentitles them to claim statutory protection under Section 53A.
On this section: Provision barring further appeals from Single Judge decisions of High Court. The Court upheld that the Letters Patent Appeal filed after 1.7.2002 was not maintainable under this section, following the principle laid down in Kamla Devi and Mohd. Saud cases.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… (2) The period of limitation for an appeal under this rule shall be thirty days from the date of the Judgment, decree or final order, as the case may be." 9. Section 100A CPC, after the amendment of Code of Civil Procedure (Amendment) Act, 2002, reads as follows:- "100A. No further appeal in certain cases.- Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where …
Questions about Section 100A
What have the courts held on Section 100A of the Code of Civil Procedure?
Vasanthi vs Venugopal (d) Thr. Lrs (21 Mar 2017) is the leading judgment on this section among those set out below: Provision barring further appeals from Single Judge decisions of High Court. The Court upheld that the Letters Patent Appeal filed after 1.7.2002 was not maintainable under this section, following the principle laid down in Kamla Devi and Mohd. Saud cases.
How do I find court cases under Section 100A of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 100A, section 100A CPC, section 100A of the Code of Civil Procedure. People searching for it also type cpc 100a notice. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vasanthi vs Venugopal (d) Thr. Lrs (21 Mar 2017).
When did Section 100A of the Code of Civil Procedure come into force?
Section 100A of the Code of Civil Procedure, cited as CPC 100A, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.