Section106
The Code of Civil Procedure, 1908

What Courts to hear appeals

In force From 01 Jan 1909 Act 5 of 1908 As on 14 Oct 2026

Act 5 of 1908 Ministry Law and Justice Enacted 21 Mar 1908 In force 01 Jan 1909

Section 106 of the Code of Civil Procedure, 1908 deals with what Courts to hear appeals. 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. The Act came into force on 01 Jan 1909.

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.

Section 106, The Code of Civil Procedure, 1908 (Act 5 of 1908).

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.

  1. High Court 10 Aug 2009 KLHC010245992007

    … It is true that as per Order XLIII of the Code of Civil procedure, this is an appealable order, being an order under Rule 1 and Rule 4 of Order 49. But going by Section 106 of the Code of Civil Procedure, 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 …

    Read this order on eCourtsIndia

Questions about Section 106

What does Section 106 of the Code of Civil Procedure deal with?

Section 106 of the Code of Civil Procedure is headed "What Courts to hear appeals". 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.

How do I find court cases under Section 106 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 106, section 106 CPC, section 106 of the Code of Civil Procedure. People searching for it also type 106a cpc and order 106 cpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

When did Section 106 of the Code of Civil Procedure come into force?

Section 106 of the Code of Civil Procedure, cited as CPC 106, 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

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.