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Appeals

This document summarizes key aspects of appeals under the Code of Civil Procedure (CPC) in India. It notes that: 1) The CPC does not define "appeal" but it is generally understood to be an application to a higher court asking to reverse a lower court's decision. 2) Section 96 of the CPC governs appeals from decrees of courts exercising original jurisdiction, except for appeals from High Court original side decrees which are governed by Letters Patent. 3) An appeal is allowed against any decree from a court of original jurisdiction, including ex-parte decrees, but not consent decrees. No appeal is allowed for petty cases unless a question of law arises.

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Presented by :- Trisom Sahu(14IP60011) RGSOIPL,IIT Kharagpur
 The expression Appeal is not defined the Code anywhere. In Nagendra Nath V. Suresh Chandra-1932 Sir Dinshaw Mulla stated :- “There is no definition of appeal in the code, but their Lordships have no doubt that any application by a party to appellate court asking to set aside or reverse a decision os a subordiante Court, is an appeal within the ordinary acceptation of the term…”
 Section – 96 doesnot apply to appeals from decree passed by original side of Highcourt.  It is governed by Letters Patent clauses.  CPC- Section104 also governs the same.
An appeal is maintainable against any decree from a Court exercising original jurisdiction. Appeal also applicable for an ex- parte decree. Bars an appeal against consent decree. No appeal from a decree of petty cases unless a question of law arises.
 Section 96 corresponds to Section 540 of the Code of 1882.  Subsection – 4 inserted in CPC in 1976 to reduce appeal on a question of facts in petty cases. Law Commission(54th Report) : - “ No first appeal should lie in any suit of the nature cognizable by Court of Small Causes where the amount ….. Doesnot exceed three thousand”
 S.96 expressly confers a right of appeal from every decree passed by any court exercising original jurisdiction to the court authorized to hear appeals from the decision of such Court. Deep Chand V. Land Acquision Officer, the Apex Court held : - “…where a legal right of a party to dispute has to be adjudicated by a Court exercising ordinary civil jursidiction, ordinary rule of civil procedure applies and an appeal lies, if not otherwise provided by such rules.”
 A decision from which an appeal is made.  A person or person aggrieved.  Reviewing body ready to review the appeal In Shankar Ramachandran V. Krishnaji SC stated: - “Two thing required to constitute appellate jurisdiction were the existence of the relation of superior and inferior court and the power on the part of the dormer to review.”
 A right to appeal is not natural or Inherent right.  It is only conferred by statute.  It is not an fundamental or a constitutional right. In Attorney General V. Sillem:- “the creation of new right is plainly an act which requires legislative authority… ”
 The subject matter of an appeal must be a decree where a conclusive determination of the rights of a party is done  The party appearing must have been adversly affected by such determination.
Did not exist in the old code of 1882 Inserted in the new code. The defendant against whom exparte is passed, has a remedy to appeal against it. Even after dismissal under order9 rule 13, a regular appeal is maintainable.
 The code doesnot make provision for an appeal within the HighCourts.  Such appeals are addressed by Letters Patent Clauses.  Under the judgement of a single bench may be appealed before a division bench of the same court provided that such is not prohibited by the Court.  To be filed within 30 days.  Order41 rules applies to letters patent also.
 The Code doesnot provide for a limitation period.  The limitaiton act of 1963 provides for limitation.  Rule 3-A of Order 41 prescribes when can an appeal be presented after the limitation is over.
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