Code of Civil Procedure, 1908

Section 98 CPC: Decision Where Appeal Is Heard by Two or More Judges

Section 98 CPC governs the decision of an appeal heard by a Bench of two or more Judges. The appeal is decided according to the opinion of the Judges or the majority, if any. If there is no majority in favour of varying or reversing the decree, the decree appealed from is confirmed, subject to the statutory mechanism for referring a point of law where an even-numbered Bench is divided.

Section 98 of the Code of Civil Procedure, 1908 lays down the rule to be followed where an appeal is heard by a Bench consisting of two or more Judges. It addresses majority decisions, evenly divided Benches, reference of a point of law, and the relationship of the section with the Letters Patent of a High Court.

Text of Section 98 CPC

98. Decision where appeal heard by two or more Judges.

(1) Where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the majority (if any) of such Judges.

(2) Where there is no such majority which concurs in a judgment varying or reversing the decree appealed from, such decree shall be confirmed:

Provided that where the Bench hearing the appeal is composed of two or other even number of Judges belonging to a Court consisting of more Judges than those constituting the Bench and the Judges composing the Bench differ in opinion on a point of law, they may state the point of law upon which they differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard the appeal, including those who first heard it.

(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters patent of any High Court.

How Section 98 CPC Works

Majority opinion controls the appeal

When an appellate Bench consists of two or more Judges, the decision follows the opinion of all the Judges where they agree, or the opinion of the majority where there is a majority.

No majority for reversal or variation

If there is no majority concurring in a judgment that would vary or reverse the decree under appeal, Section 98(2) provides that the decree appealed from is to be confirmed.

Difference on a point of law in an even-numbered Bench

Where an even-numbered Bench belongs to a Court consisting of more Judges and the Judges differ on a point of law, the differing point may be stated and heard by one or more of the other Judges. That point is then decided according to the majority opinion of all Judges who heard the point, including the Judges who originally heard the appeal.

Letters Patent of High Courts

Section 98(3) preserves any applicable provision of the Letters Patent of a High Court. The section therefore does not override such Letters Patent provisions merely by reason of Section 98 itself.

Official reference: The current central text of Section 98 is available in the Code of Civil Procedure, 1908 on India Code.

Important: The CPC may be affected by State amendments, High Court rules and applicable Letters Patent provisions. These should be checked where relevant to a particular appeal.