Research- Appeals CPC 96 to 104 Title Muskaan vs Kamal sharma DELHI HIGH COURT.pptx
1. In my research , of the task, I start my report
with a sincere thanks for the opportunity.
2. To know the CPC Section In Which Appeal In Delhi High Court
should be Filed Against Order And Preliminary Decree Of Suit
For Partition In Civil Court For Opening Of Evidence
Title muskaan sharma vs Kamal sharma
3. Initial research
Appeals lie between Section 96 to section 106 CPC
Section 96 and Section 104 of the Civil Procedure Code (CPC) in India
both pertain to the filing of appeals, but they differ in their scope and
applicability.
4. Here's a breakdown of the differences
between these two sections:
Section 96:
Section 96 of the CPC deals with appeals
from a decree or final order passed by a
civil court.
It allows an appeal to be filed in a higher
court against the decree passed by the
lower court, which can be either the
District Court or the High Court,
depending on the case.
An appeal under Section 96 can be filed on
various grounds, such as errors in the
decision, misinterpretation of law, or
factual inaccuracies.
This section specifically covers appeals
from final decrees, which are decisions
that fully determine the rights and
liabilities of the parties in a suit.
Section 104:
Section 104 of the CPC deals with appeals
from orders made by a civil court during the
course of a suit.
It allows an appeal to be filed in a higher
court against any order, including
interlocutory orders, passed by the lower
court.
An interlocutory order is an order that deals
with a specific issue within the overall suit
but does not finally dispose of the case.
Appeals under Section 104 can be filed on
various grounds, such as errors in the order,
procedural irregularities, or violation of
principles of natural justice.
5. In summary, Section 96 pertains to appeals from final decrees or orders, while
Section 104 pertains to appeals from orders made during the course of a suit,
including interlocutory orders. The key distinction lies in the nature of the
decision being appealed and the stage of the suit at which the decision is made.
The Plot Thickens
7. Since We seek to open the evidence ,
its under ambit of procedural
irregularities.
So This appeal is to be filed U/s 104
of CPC
Date of creation 03.06.2023
Advocate Aman vijay Jindal (Gupta)
