Second appeal on no other grounds
Section 101 of the Code of Civil Procedure, 1908 deals with second appeal on no other grounds. No second appeal shall lie except on the ground mentioned in section 100. The Act came into force on 01 Jan 1909.
No second appeal shall lie except on the ground mentioned in section 100.
Section 101, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
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.
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Gaudiya Mission vs Shobha Bose
Court's Decision & Legal Precedent
A statutory appeal under Section 384 of the Indian Succession Act, 1925 is a regular appeal allowing consideration of all questions of fact and law. The Division Bench of the High Court cannot dismiss such an appeal in limine without admitting it and deciding it on merits with a reasoned judgment. The scope of appeal before a Division Bench hearing an intra-court appeal from a Single Judge is the same as the scope before a Single Judge in First Appeal, encompassing both questions of fact and law, and the limitations of Sections 100 and 101 of the Code of Civil Procedure do not apply to such appeals.
On this section: Relates to limitations on power of appellate court. Court held these limitations do not apply to Division Bench hearing appeal from Single Judge of High Court.
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.
Questions about Section 101
What have the courts held on Section 101 of the Code of Civil Procedure?
Gaudiya Mission vs Shobha Bose (15 Jan 2008) is the leading judgment on this section among those set out below: Relates to limitations on power of appellate court. Court held these limitations do not apply to Division Bench hearing appeal from Single Judge of High Court.
How do I find court cases under Section 101 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 101, section 101 CPC, section 101 of the Code of Civil Procedure. People searching for it also type cpc 101 form and cpc 101 03 1. 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 Gaudiya Mission vs Shobha Bose (15 Jan 2008).
What should I read with Section 101 of the Code of Civil Procedure, and has it changed?
Its own text turns on section 100 (Second appeal), so none of them can safely be read on its own.
When did Section 101 of the Code of Civil Procedure come into force?
Section 101 of the Code of Civil Procedure, cited as CPC 101, 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.
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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.