Order XLII CPC Rules 1-3: Appeals from Appellate Decrees

Order XLII of the Code of Civil Procedure, 1908 deals with appeals from appellate decrees. Its three rules apply relevant provisions of Order XLI to such appeals, require formulation of the substantial question of law for a second appeal, and explain the application of Order XLI Rule 14.

At a glance: Rule 1 applies Order XLI, so far as may be, to appeals from appellate decrees. Rule 2 requires the Court, while making an order under Order XLI Rule 11 for hearing a second appeal, to formulate the substantial question of law required by Section 100 CPC. Rule 3 explains how the reference in Order XLI Rule 14(4) is to be understood in an appeal from an appellate decree or order.

Order XLII Rule 1 CPCProcedure

The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees.

Order XLII Rule 2 CPCPower of Court to direct that the appeal be heard on the question formulated by it

At the time of making an order under Rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate the substantial question of law as required by Section 100, and in doing so, the Court may direct that the second appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground in the appeal without the leave of the Court, given in accordance with the provisions of Section 100.

Second appeal and Section 100 CPC: A second appeal under Section 100 CPC is governed by the requirement that the case involve a substantial question of law. Order XLII Rule 2 operates with that statutory requirement.

Order XLII Rule 3 CPCApplication of Rule 14 of Order XLI

Reference in sub-rule (4) of Rule 14 of Order XLI to the Court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a reference to the Court to which the appeal was preferred from the original decree or order.

Official reference: The current central text of the Code of Civil Procedure, 1908 is available from India Code - official CPC PDF. For a particular case, applicable State amendments and relevant High Court rules should also be checked.