APPEAL
What is Appeal:
An appeal means removal of a cause from inferior to a superior court for the purpose of a testing soundness of decision of an inferior court.
Appeal is a continuation of suit:
Appeal is a continuation of suit and whole case of parties stands reopened before the appellate forum.
Relevant Provisions:
Section 96 to 99 of CPC for first appeal
Section 100 to 103 of CPC for second appeal
Order 41 and 42 of CPC
Order 41 and 42 of CPC
FIRST APPEAL
An appeal shall lie from every decree, passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.
Who may Appeal:
Persons otherwise competent to file Appeal:
(i) Legal representatives of the parties.
(ii) Transfree of the interest of party.
(iii) Any person claiming to be party.
(iv) A benamidar on behalf of real owner.
(v) A guardian on behalf of minor.
(vi) The government.
Forum of Appeal:
First appeal lies to the District Court if the value of subject matter of the suit is below than twenty five lacs and in all other cases first appeal shall lie to High Court.
Appeal from final decree where no appeal from preliminary decree U/S 97:
Appeal from final decree where no appeal from preliminary decree U/S 97:
Where any party aggrieved by a preliminary decree does not appeal against the such decree then he shall be precluded from disputing its correctness in appeal preferred by the final decree.
Decision where appeal heard by two or more Judges U/S98:
Where the bench hearing the appeal is composed of two judges and they differ on any point of law then appeal shall be heard on that point by one or more judges of same the court and in this eventuality appeal shall be decided according to the opinion of the majority of the judges including those who first heard it.
Effect of irregularity U/S 99:
No appeal shall be allowed merely on the account of any error, defect, mis-joinder of parties or irregularity in the proceedings of suit, not affecting the merits of case.
Grounds for Second Appeal U/S 100:
Second appeal shall lie on the following grounds.
(a) The decision being contrary to law or to some usage having the force of law.
(b) The decision having failed to determine some material issue of law or usage having the force of law.
(c) A substantial error or defect in the procedure which may possibly have produced error or defect in decision of case upon the merits.
No Second Appeal in certain suits U/S 102:
No second appeal shall lie in the following suits.
(a) Any suit cognizable by the courts of small causes when the value of subject matter does not exceed the amount of 25 thousands.
(b) Any other suit when the value of subject matter does not exceed the amount of two hundred and fifty thousand rupees.
Forum of Appeal:
Second appeal shall lie only to the high court in all cases.
Power of High Court to determine the Issues of Fact U/S 103:
In any second appeal the high court may determine an issue of fact, if the evidence on record is sufficient to determine any issue of fact necessary for the disposal of the appeal which has not been determined by the lower appellate court or which has been wrongly determined by such court by reason of any illegality, omission, error or defect.
Where appeal lies to High Court, the limitation for appeal is 60 days U/A 155 of Limitation Act from the date of decree or order.
Where high court passed the decree or order in the exercise of its original jurisdiction, the limitation for appeal is 20 day U/A 151 of Limitation Act from the date of decree or order.
Where the bench hearing the appeal is composed of two judges and they differ on any point of law then appeal shall be heard on that point by one or more judges of same the court and in this eventuality appeal shall be decided according to the opinion of the majority of the judges including those who first heard it.
Effect of irregularity U/S 99:
No appeal shall be allowed merely on the account of any error, defect, mis-joinder of parties or irregularity in the proceedings of suit, not affecting the merits of case.
SECOND APPEAL
Second appeal shall lie to the high court from every decree passed in appeal by any subordinate court.Grounds for Second Appeal U/S 100:
Second appeal shall lie on the following grounds.
(a) The decision being contrary to law or to some usage having the force of law.
(b) The decision having failed to determine some material issue of law or usage having the force of law.
(c) A substantial error or defect in the procedure which may possibly have produced error or defect in decision of case upon the merits.
No Second Appeal in certain suits U/S 102:
No second appeal shall lie in the following suits.
(a) Any suit cognizable by the courts of small causes when the value of subject matter does not exceed the amount of 25 thousands.
(b) Any other suit when the value of subject matter does not exceed the amount of two hundred and fifty thousand rupees.
Forum of Appeal:
Second appeal shall lie only to the high court in all cases.
Power of High Court to determine the Issues of Fact U/S 103:
In any second appeal the high court may determine an issue of fact, if the evidence on record is sufficient to determine any issue of fact necessary for the disposal of the appeal which has not been determined by the lower appellate court or which has been wrongly determined by such court by reason of any illegality, omission, error or defect.
Limitation for Appeal
Where appeal lies to district court, the limitation for appeal is 30 days U/A 152 of Limitation Act from the date of decree or order appealed from.Where appeal lies to High Court, the limitation for appeal is 60 days U/A 155 of Limitation Act from the date of decree or order.
Where high court passed the decree or order in the exercise of its original jurisdiction, the limitation for appeal is 20 day U/A 151 of Limitation Act from the date of decree or order.
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