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Appeal

The document outlines the general provisions relating to appeals under the Civil Procedure Code, 1908, detailing the nature of appeals, types of appeals including first and second appeals, and appeals to the Supreme Court. It specifies that appeals are a statutory right, outlines procedures for filing appeals, and discusses appeals from orders, including which orders are appealable and the limitations on second appeals. The conclusion emphasizes the structured appellate mechanism designed to correct errors while preventing misuse of the process.

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2 views

Appeal

The document outlines the general provisions relating to appeals under the Civil Procedure Code, 1908, detailing the nature of appeals, types of appeals including first and second appeals, and appeals to the Supreme Court. It specifies that appeals are a statutory right, outlines procedures for filing appeals, and discusses appeals from orders, including which orders are appealable and the limitations on second appeals. The conclusion emphasizes the structured appellate mechanism designed to correct errors while preventing misuse of the process.

Uploaded by

adhavalkars
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Detailed explanation of the general provisions relating to appeals and appeals from

orders under the Civil Procedure Code, 1908 (CPC) — suitable for exams and in-depth
study.

📚 GENERAL PROVISIONS RELATING TO APPEALS


(Sections 96 to 112 & Orders 41 to 45, CPC)

1. Meaning and Nature of Appeal

 An appeal is a judicial examination by a higher court of a decision given by a lower


court.
 It is a continuation of the original proceedings.
 An appeal gives the aggrieved party an opportunity to have errors corrected.

2. Appeal is a Statutory Right

 There is no inherent right to appeal.


 A right to appeal must be specifically conferred by statute.
 Parties can only appeal if the CPC or another law expressly provides for it.

3. Types of Appeals under CPC

A. First Appeal (Section 96, CPC)

 Lies from every decree passed by a court of original jurisdiction.


 It can be filed in a District Court or High Court depending on the valuation and
jurisdiction.
 Appeal lies even from an ex parte decree (i.e., passed in absence of the defendant).
 Both questions of fact and law can be raised.

Example: A party aggrieved by a trial court’s decision in a suit for recovery of money can
file a first appeal.

B. Second Appeal (Section 100, CPC)

 Lies to the High Court against the decision in a first appeal.


 Can be filed only if there is a substantial question of law involved.
 The High Court must formulate such questions in the judgment.
 No second appeal on pure questions of fact.

Substantial question of law means a question that is not already settled and has general
public importance or affects the rights of the parties in a significant way.

C. Appeal to Supreme Court (Section 109 & Article 133 of Constitution)

 Lies from judgment, decree, or final order of the High Court in civil cases.
 Can be filed only with leave (permission) of the High Court or Supreme Court.
 Usually allowed in cases of great importance or where a substantial question of
law of general importance is involved.

D. No Appeal in Certain Cases

 Section 96(3): No appeal from a decree passed with consent of the parties.
 Section 100-A: No further appeal from decisions of a single judge of a High Court
exercising appellate jurisdiction.

4. Appeals by Indigent Persons (Order 44, CPC)

 A person who cannot pay the court fees can file an appeal as an indigent person
(formerly called pauper).
 The court must be satisfied that the person is truly indigent.
 If approved, the appeal proceeds without payment of court fees.

5. Procedure for Appeals (Order 41, CPC)

 Filed through a memorandum of appeal.


 Must state the grounds of objection.
 A certified copy of the decree and judgment must be attached.
 The appellate court may:
o Dismiss the appeal at admission stage,
o Call for the record of the lower court,
o Frame points for determination,
o Take additional evidence (rarely, under strict conditions),
o Hear arguments and deliver judgment.

📝 APPEALS FROM ORDERS (Section 104 & Order 43


CPC)
1. Meaning

 These are appeals not from decrees, but from interlocutory or procedural orders.
 Only certain orders are appealable; not every order can be appealed.

2. Appealable Orders (Section 104 and Order 43 Rule 1)

Section 104 CPC and Order 43 Rule 1 list specific orders from which an appeal is allowed.
Some examples include:

 Order returning a plaint to be presented in proper court.


 Order rejecting an application to set aside dismissal or ex parte decree.
 Order granting or refusing an injunction (Order 39).
 Order refusing to set aside sale in execution.
 Order refusing leave to sue as an indigent person (Order 33).
 Order under Order 22 regarding substitution of legal representatives after death.

⚠️ Only these specified orders are appealable. All other interlocutory orders are non-
appealable.

3. No Second Appeal from Orders

 Section 104(2) clearly states: No second appeal shall lie from an order passed in
appeal under this section.
 This avoids endless litigation over procedural matters.

4. Revision Instead of Appeal

 If a party is aggrieved by an order which is not appealable, they can approach the
High Court under its revisional jurisdiction under Section 115 CPC.

✅ Conclusion
The CPC provides a detailed and structured appellate mechanism. It allows for correction of
errors while ensuring that the process is not misused to delay justice. By limiting appeals
from orders and allowing appeals only where there's a substantial question of law, the
system balances fairness and efficiency.

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