Appeal Under CPC

Appeal
What is Appeal?
Under the CPC, the word 'appeal' has not been described anywhere. An appeal
is a judicial term defined as the right of a person to obtain justice against an
unfair decree / order by referring it to a Superior Court. A person aggrieved by
the decision or judgement of the court can go for appeal in the Superior Court.
Section 96, CPC deals with appeal.
Section 372, CrPC says the right to appeal is not natural or inherent but
statutory.
Discretionary power of the court.
Article 136 of The Constitution Of India.
Essentials To Appeal
An appeal is a proceeding in which the judgement of a lower forum is
reconsidered by a higher forum on issues of law and fact with authority to
affirm, reverse, change the decision or refer the matter to the lower forum
for new judgments in accordance with its instructions.
Following are the three essentials of appeal:-
1. A decree passed by an administrative / judicial authority;
2. An aggrieved person, not necessarily a party to the initial proceeding;
3. For the purposes of entertaining such appeals, a reviewing body was

created.
Right to Appeal
A formal & substantive one is the right to appeal. The contractual
existence of an appeal means that, as opposed to the right to institute a
suit, which is an intrinsic right, it must be expressly conferred by a statute
along with the operational appeal machinery. It is content in the sense
that, unless otherwise provided by any statute, it must be taken
prospectively. In an arrangement, this right may be waived, and if a party
recognises the benefits of a decree, it would be prohibited from appealing
its lawfulness. However, as found on the date of the institution of the
original suit, an appeal falls within the statute.
Who can file an Appeal?
One of the following may choose a standard first appeal:
1. Any party to the activity adversely affected by a decree, or if that party
is dead, by its legal representatives referred to in Section 146;
2. A transferor of the interest of a party which, in so far as that interest is

concerned, is bound by a decree, provided that his name is entered in the
record of the action;
3. A buyer of an auction may appeal against an execution order setting

aside the sale on the ground of fraud;
4. No other person is entitled to appeal under Section 96, unless he is a

party to the suit.
No Appeal
1. No appeal in consent decree, petty cases.

2. If no appeal in preliminary decree then no appeal can be filed against final decree.
3. No appeal against a finding.
4. No appeal against a dead person.
5. Ex-parte decree
Appeal
First Appeal Second Appeal

Kinds of appeal
Appeal from original

Appeal from order
decree
Section 104, Order 43
Section 96
Appeal from appelate

decree/second appeal/appeal to Appeal to Supreme Court
HC Section 109, Order 45
Section100, 100A, order 41
First Appeal
Section 96 of the CPC provides that an appeal is based on a decree
passed to the approved appeal courts by any court exercising original
jurisdiction, except where expressly prohibited. A combined reading
of Sections 2(2), 2(9), & 96 of the CPC suggests that a normal First
Appeal against such adjudications may or may not be maintainable.
Second Appeal
Under this code, Section 100 allows for a second appeal. It states
that an appeal is based on a decree passed by the subordinate
court in the first appeal to the High Court, with the exception of
clauses to the contrary. The scope of the exercise of jurisdiction
referred to in this section is limited to a significant question of law
which arises at the time of appeal or otherwise at the time of
appeal.
Forum Of Appeal
It is the amount / value of the subject-matter of the suit and

the forum of appeal that decide the forum in which the suit
is to be brought. In all such cases, the first appeal rests with
the District Court if the amount of the subject-matter of
the suit is below Rs. 2,00,000; and with the High Court.
Presentation of Appeal
Order 41 lays down the conditions for a legitimate
presentation of an appeal to be brought by way of a
memorandum of appeal, which lays down the grounds on
which a decree of the lower court is necessary to invite such
judicial review.
Summary dismissal
It was held in Hanmant Rukhmanji v. Annaji Hanmant

that when an appeal pursuant to Section 151 is dismissed
by an appeal court, a judgement must be written
summarising the cogent reasons for such dismissal, along
with a formal decree.
The Appellate Court's powers
The powers of an appeals court are prescribed in section 107:

To get a prosecution remanded;
To frame & refer problems for trial;
Reassessment of evidence when a finding of fact before it is
challenged;
To call witnesses;
If not justified, the inference of the lower Court can be reversed;
Proof Appreciation.
Duties of an appeal court
In the light of the rules of law concerned, the appellate court has a
responsibility to examine the factual situation and then rule on the
appeal.
To have cogent reasons for setting aside an inferior Court's
decision.
To discuss the problem of limitations pursuant to Section 3(1) of
the Limitation Act.
To determine the appeal according to Section 96 r / w O.XLI, R.31
of the CPC, in accordance with the scope and powers bestowed
upon it.
Appeal before SC
Article 133 of the Constitution of India & Section 109 of the
CPC lays down the conditions under which an appeal can be
brought before the Supreme Court:
From a High Court's judgement, decree, or final order;
A case relating to a significant question of law of general
importance;
The High Court believes it is appropriate for the Supreme Court
to deal with such an issue.
Conclusion
Appeals are recognised as the statutory rights of persons aggrieved in the
interests of justice by any decision of an inferior court. First appeals are a
method of appeal prescribed by the Civil Procedure Code. In the case of an
appeal to the first appeal authority, the limitation period is 90 days where
the High Court is responsible. Finally, it can be concluded that the rules of
the CPC deal thoroughly with both the substantive and the procedural
issues relating to all forms of appeals and, at the same time, make clear
changes in order to satisfy more complex legislation.

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Appeal

Following are the three essentials of appeal:-

1. A decree passed by an administrative / judicial authority;

2. An aggrieved person, not necessarily a party to the initial proceeding;

3. For the purposes of entertaining such appeals, a reviewing body was

2. A transferor of the interest of a party which, in so far as that interest is

3. A buyer of an auction may appeal against an execution order setting

4. No other person is entitled to appeal under Section 96, unless he is a

1. No appeal in consent decree, petty cases.

First Appeal Second Appeal

Appeal from original

Appeal from appelate

It is the amount / value of the subject-matter of the suit and

It was held in Hanmant Rukhmanji v. Annaji Hanmant

The powers of an appeals court are prescribed in section 107:

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