🔰 WHEN APPEALS LIE TO THE SUPREME COURT – BRIEF NOTES (SECTIONS 109–112 CPC) 🔰

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1️⃣ Statutory Provisions

Sections 109–112 CPC

Also governed by Articles 132–134 of the Constitution of India.

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2️⃣ Appeals Under Section 109 CPC

An appeal lies to the Supreme Court from any judgment, decree or final order of a High Court, if the High Court certifies that the case is fit for appeal.

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3️⃣ Conditions for Certificate (Section 109 read with Art. 133)

The High Court may grant a certificate if the case involves:

A substantial question of law of general importance, and

Such question needs to be decided by the Supreme Court.

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4️⃣ Types of Matters Appealable

Civil matters (Art. 133).

Constitutional matters involving interpretation of the Constitution (Art. 132).

Criminal matters (Art. 134 – outside CPC scope but related).

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5️⃣ Appeal Without Certificate

Even without High Court certificate, a party may appeal by:

Special Leave Petition (SLP) under Article 136 of the Constitution.

This is a discretionary power of the Supreme Court.

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6️⃣ Section 110 CPC (Repealed)

Earlier required valuation threshold.

Now repealed — no valuation limit for appeal.

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7️⃣ Section 112 CPC

CPC provisions do not affect:

Powers of the Supreme Court under the Constitution, or

Appeals to the Supreme Court under special laws.

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8️⃣ Key Exam Points

Appeal lies only with High Court certificate under CPC.

Certificate requires substantial question of law of general importance.

SLP under Article 136 is an independent constitutional remedy.

CPC does not restrict Supreme Court’s constitutional powers.

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⭐️ One-Line Memory Rule

High Court judgment + Certificate of fitness + Substantial question of law = Appeal to Supreme Court.

🔰 REFERENCE TO HIGH COURT – BRIEF NOTES (SECTIONS 113 & ORDER 46 CPC) 🔰

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1️⃣ Meaning

Reference is a procedure by which a subordinate court seeks the opinion of the High Court on a question of law arising in a pending case.

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2️⃣ Statutory Basis

Section 113 CPC – Power to make reference.

Order 46 CPC – Procedure for reference.

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3️⃣ When Reference Can Be Made

A subordinate court may refer a question to the High Court when:

(a) A question of law arises, and
(b) The court is doubtful about the correct legal position, and
(c) The question involves:

Validity of any Act, Ordinance or Regulation, or

Interpretation of law having force of law, and

Such law is necessary for disposal of the case.

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4️⃣ Mandatory Reference

If a subordinate court considers a provision invalid (ultra vires) and it has not been declared invalid earlier by the High Court or Supreme Court, reference is mandatory.

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5️⃣ Optional (Discretionary) Reference

In other cases involving doubtful questions of law, reference is discretionary.

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6️⃣ Procedure (Order 46)

Subordinate court frames the question of law.

States facts and reasons for doubt.

Makes reference to the High Court.

High Court hears parties if necessary.

High Court returns its opinion.

Subordinate court decides the case in conformity with the opinion.

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7️⃣ Effect of High Court’s Opinion

Opinion is binding on the subordinate court in that case.

It is not a decree or judgment of the High Court.

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8️⃣ Who Can Make Reference

Any civil court subordinate to the High Court.

Tribunal or authority is included only if expressly empowered.

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9️⃣ Purpose

To ensure uniform interpretation of law.

To avoid conflicting decisions by subordinate courts.

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🔟 Key Exam Points

Reference lies only on questions of law, not fact.

Mandatory reference when validity of law is in doubt.

Governed by Section 113 + Order 46 CPC.

High Court’s opinion is binding in that case.

🔰 REVIEW – BRIEF NOTES (SECTION 114 & ORDER 47 CPC) 🔰

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1️⃣ Meaning

Review is a reconsideration of a judgment or order by the same court which passed it.

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2️⃣ Statutory Basis

Section 114 CPC – Substantive right of review.

Order 47 CPC – Procedure and grounds.

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3️⃣ Who May Apply for Review

Any person:

Aggrieved by a decree or order,

From which no appeal lies, or

From which an appeal lies but has not been preferred.

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4️⃣ Grounds for Review (Order 47 Rule 1)

Review may be sought on:

Discovery of new and important matter or evidence
– Not within knowledge or could not be produced earlier despite due diligence.

Mistake or error apparent on the face of the record
– Obvious error, not requiring long reasoning.

Any other sufficient reason
– Interpreted to mean reasons analogous to the above two.

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5️⃣ When Review is NOT Allowed

Mere re-argument of the case.

Change of opinion or alternative interpretation.

To correct minor or inconsequential errors.

When appeal has already been filed.

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6️⃣ Procedure

Application must be filed in the same court.

Normally heard by the same judge (if available).

Court may:

Reject the application, or

Grant review and modify or reverse its earlier order.

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7️⃣ Limitation

30 days from the date of decree or order (Limitation Act).

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8️⃣ Distinction

Review ≠ Appeal

Appeal → reconsideration by a higher court.

Review → reconsideration by the same court.

Review ≠ Revision

Revision addresses jurisdictional errors of subordinate courts.

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9️⃣ Key Exam Points

Review is a statutory right, not inherent.

Grounds are strictly limited.

Error must be apparent on the face of record.

Filing an appeal bars review.

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❇️ One-Line Memory Aid

Review = Same court + limited grounds + apparent error or new evidence.

🔰 REVISION – BRIEF NOTES (SECTION 115 CPC) 🔰

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1️⃣ Meaning

Revision is a supervisory jurisdiction of the High Court to correct jurisdictional errors of subordinate courts.

It is not an appeal and does not permit re-appreciation of evidence.

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2️⃣ Statutory Provision

Section 115 CPC.

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3️⃣ When Revision Lies

The High Court may call for the record of any case decided by a subordinate court where no appeal lies, and the subordinate court has:

Exercised jurisdiction not vested in it by law, or

Failed to exercise jurisdiction so vested, or

Acted illegally or with material irregularity in exercising its jurisdiction.

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4️⃣ Conditions for Exercise of Revisional Power

The order must:

Finally decide the rights of the parties, or

If allowed to stand, would cause failure of justice or irreparable injury.

No revision lies if an appeal is available.

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5️⃣ Nature of Power

Discretionary and supervisory.

Intended to keep subordinate courts within jurisdictional limits.

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6️⃣ What High Court Can Do

Set aside or modify the impugned order.

Remand the case.

Issue appropriate directions.

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7️⃣ What High Court Cannot Do

Cannot re-examine questions of fact.

Cannot substitute its own findings for those of the trial court.

Cannot act as a second appellate court.

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8️⃣ Key Exam Points

Governed by Section 115 CPC.

Lies only when no appeal lies.

Concerned with jurisdictional errors, not merits.

Revisional power is narrow and limited.

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❇️ One-Line Memory Rule

Revision = High Court’s supervisory control over jurisdictional errors of subordinate courts.

🔰 EXEMPTION OF CERTAIN WOMEN FROM PERSONAL APPEARANCE – BRIEF NOTES (SECTION 132 CPC) 🔰

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1️⃣ Statutory Provision

Governed by Section 132 CPC.

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2️⃣ Rule

Women who, according to the customs and manners of the country, ought not to be compelled to appear in public, are exempted from personal appearance in court.

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3️⃣ Scope of Exemption

Applies to:

Personal appearance in court,

Attendance as a party to the suit.

Such women may:

Appear through a pleader, or

Have their evidence recorded at their residence or a convenient place.

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4️⃣ Basis of Exemption

Based on:

Customs and social practices,

Considerations of modesty, dignity and convenience.

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5️⃣ Not an Absolute Exemption

The exemption is not automatic for all women.

It depends on:

Social status,

Custom prevailing in the community.

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6️⃣ Object of Section 132

To protect:

Privacy and dignity of women,

Avoid unnecessary hardship due to social customs.

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7️⃣ Key Exam Points

Section 132 CPC applies to personal appearance, not legal proceedings.

Women may still participate through advocates or commissions.

The exemption is based on custom, not gender alone.

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❇️ One-Line Memory Aid

Women protected by custom from public appearance are exempted from personal court appearance under Section 132 CPC.

🔰 EXEMPTION FROM ARREST UNDER CIVIL PROCESS – BRIEF NOTES (SECTION 135 CPC) 🔰

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1️⃣ Statutory Provision

Governed by Section 135 CPC.

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2️⃣ Meaning

Certain persons are protected from arrest under civil process while they are connected with court proceedings.

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3️⃣ Persons Entitled to Exemption

Exemption applies to:

Parties to a suit,

Witnesses,

Advocates / pleaders,

while they are:

Going to court,

Attending court, or

Returning from court.

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4️⃣ Nature of Protection

Protection is temporary.

It covers only reasonable time required for travel and attendance.

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5️⃣ Scope

Applies only to civil arrest.

Does not apply to criminal arrest.

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6️⃣ Exception

No exemption from arrest:

In execution of a decree, or

Where arrest is ordered under any special law.

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7️⃣ Object

To ensure:

Unhindered access to courts,

Free participation in judicial proceedings.

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8️⃣ Key Exam Points

Section 135 CPC provides immunity from civil arrest.

Covers parties, witnesses and lawyers.

Not applicable to arrest in execution proceedings.

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❇️ One-Line Memory Aid

Civil arrest barred during court attendance—except arrest in execution of a decree.

🔰 EXEMPTION OF MEMBERS OF LEGISLATIVE BODIES FROM ARREST & DETENTION – BRIEF NOTES (SECTION 135A CPC) 🔰

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1️⃣ Statutory Provision

Governed by Section 135A CPC.

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2️⃣ Persons Covered

Members of:

Parliament, and

State Legislatures (Legislative Assembly or Council).

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3️⃣ Nature of Exemption

Members are exempt from arrest and detention under civil process during:

The continuance of the session, and

40 days before the commencement of the session, and

40 days after the termination of the session.

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4️⃣ Scope of Protection

Applies only to:

Civil arrest and detention.

Does not apply to:

Criminal proceedings, or

Arrest in execution of a criminal sentence.

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5️⃣ Object of Section 135A

To ensure:

Uninterrupted functioning of legislative bodies,

Free and effective participation of members in legislative duties.

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6️⃣ Important Points

The exemption is personal to the member.

It does not bar the institution of a civil suit—only arrest and detention are barred.

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7️⃣ Key Exam Points

Protection period: Session + 40 days before + 40 days after.

Applies only to civil process.

Members may still be sued, but not arrested/detained during the protected period.

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❇️ One-Line Memory Aid

Legislators cannot be civilly arrested during session and 40 days before and after it.

🔰 PROCEDURE WHERE PERSON OR PROPERTY IS OUTSIDE DISTRICT – BRIEF NOTES (SECTION 136 CPC) 🔰

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1️⃣ Statutory Provision

Governed by Section 136 CPC.

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2️⃣ General Rule

When a court issues a warrant of arrest or order of attachment, and:

The person to be arrested, or

The property to be attached
is outside the local jurisdiction of that court,
the process must be executed through the District Court of the district where such person or property is located.

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3️⃣ Procedure for Arrest

The issuing court sends the warrant of arrest to the District Court of the other district.

The District Court causes the warrant to be executed by:

Its own officers, or

A subordinate court.

The arrested person is:

Either forwarded to the issuing court, or

Released on security, as directed by law.

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4️⃣ Procedure for Attachment of Property

The order of attachment is sent to the District Court of the district where the property is situated.

That court executes the attachment:

As if the order were issued by itself.

Report of execution is sent back to the issuing court.

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5️⃣ Exception

If the court issuing the warrant or attachment is itself the District Court, it may:

Direct execution directly by its officers even outside its local limits.

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6️⃣ Object of Section 136

To ensure:

Lawful execution of arrest and attachment orders,

Coordination between courts,

Prevention of jurisdictional conflicts.

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7️⃣ Key Exam Points

Applies to arrest and attachment, not other processes.

Execution outside district → through District Court.

Ensures procedural regularity and jurisdictional discipline.

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❇️ One-Line Memory Aid

Outside district = execution through the District Court of that district (Section 136 CPC).

🔰 APPLICATION FOR RESTITUTION – BRIEF NOTES (SECTION 144 CPC & ORDER 21 RULES 107–108) 🔰

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1️⃣ Statutory Provision

Governed by Section 144 CPC and Order 21, Rules 107–108 CPC.

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2️⃣ Meaning

Restitution is the process of restoring a person or property to the state it was before:

Attachment,

Sale in execution, or

Delivery under court order,
if the process is later set aside or declared invalid.

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3️⃣ When Application Lies

Restitution can be claimed when:

Attachment or arrest has been set aside.

Sale of property in execution is declared void.

Delivery of property or possession was made under an improper order.

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4️⃣ Who May Apply

The person aggrieved by the wrongful act or order (e.g., attachment or sale).

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5️⃣ Reliefs Available

Return of property or possession.

Compensation for loss or inconvenience.

Court may issue directions to restore the status quo.

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6️⃣ Procedure

Application filed in the court which passed the original order.

Court examines:

Validity of the original order,

Circumstances of restitution.

Court may direct:

Restoration of property,

Payment of compensation, or

Any other appropriate relief.

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7️⃣ Object

To prevent injustice caused by:

Wrongful attachment,

Sale, or

Delivery of property.

Ensures return to status quo ante.

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8️⃣ Key Exam Points

Application lies under Section 144 CPC.

Applies to attachment, arrest, sale or delivery.

Court may restore property and award compensation.

Ensures fairness in execution process.

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❇️ One-Line Memory Aid

Restitution = restoring property or status quo after wrongful attachment, sale or delivery (Section 144 CPC).