Section 109 of CPC : Section 109: When Appeals Lie To The Supreme Court

Explanation using Example

Imagine a situation where a company, XYZ Textiles Ltd., is involved in a legal dispute with another company, ABC Fabrics Ltd., over a patent infringement claim. The High Court has given its final verdict in favor of XYZ Textiles Ltd., stating that there was no infringement. However, the case revolves around a substantial question of law concerning the interpretation of "originality" in patent law, which could have wide implications for the textile industry.

ABC Fabrics Ltd. believes the question of law is of general importance and that the High Court's interpretation may not be in line with the legislative intent or existing jurisprudence. Hence, they file a motion for the High Court to grant a certificate for an appeal to the Supreme Court of India under Section 109 of The Code of Civil Procedure, 1908.

The High Court agrees that the legal question is significant enough to warrant a decision from the Supreme Court and certifies the case accordingly. Consequently, an appeal lies to the Supreme Court, which will now have the opportunity to clarify the law on patent originality for the entire country, thus affecting not just the two companies involved but the entire textile industry and future patent litigation.