This document summarizes key aspects of appeals, references, reviews, and revisions under the Code of Civil Procedure (CPC) in India as well as rules regarding suits involving minors and persons of unsound mind. It outlines the types of decrees that can be appealed, the powers of appellate courts, requirements for second appeals, and appeals from orders. It also discusses references from trial courts to high courts, and the processes for review and revision. Finally, it describes procedures for minors and persons of unsound mind to sue or be sued, including through next friends and guardians and related limitations and processes when the child comes of age.

1. Appeal,
Reference,
Review &
Revision
(Parts VII & VIII C.P.C.)

2. Appeals (Part VII)
From Original Decrees (S.96):-
Appeal lies from:-
o Original Decrees (including) Ex-parte Decree,
o But not from consent Decrees;
From Final Decrees (S.97):-
o No Challenge to Preliminary Decree in Appeal
against Final Decree;

3. Powers of Appellate Court
(S.107)
• To determine case finally;
• To remand a case;
• To Frame Issues & refer for trial;
• To Take or require to take additional
evidence;
Appeal is treated as a continuation of
the suit

4. Second Appeals
• Second Appeal to High Court (S. 100);
• From original decree, First Appeal on
points of law and facts, and Second
Appeal only on points of law before
High Court, subject to power U/S. 103;
• No Second Appeal if Subject matter is
money upto RS. 25,000/-;

5. Appeals From Orders (S. 104)
Orders generally cannot
be appealed against,
excepting the
Appealable ones;
But no second appeal
from Appealable
Orders;

6. Appeals From Orders
Some Appealable Orders: (S. 104 & O.
XLIII)
• Allowing or refusing (i) temporary
injunction, (ii) appointment of Receiver;
• Allowing or Rejecting an application
setting aside dismissal of a suit, or an
exparte Decree;
• Refusing to set aside abatement of a suit;
• No second Appeal from an Order in
Appeal under this section.[s.104(2)]

7. Appeals to Supreme Court
(S.109)
• If High Court certifies involvement
of a substantial question of law of
general importance, and,
• In its opinion, the question needs
decision by Supreme Court;
Supreme Court’s own powers
U/Art. 136, or under SC Rules
unaffected (S.112);

8. Reference, Review & Revision
(Part VIII)
Reference (S.113):-
By Trial Court to High Court-
 For opinion;
 Where validity of any Act,
Ordinance or Regulation or its
provision is doubtful;
 Case to be disposed off in
conformity with decision of High
Court (O.XLVII,R.3);

9. Review & Revision
Review:- Of Judgement in the same Court,
within 30 days (S. 114 & O. O.XLVII);
• Normally introduction of new matter /
evidence not allowed;
Revision:- Before Superior Court within 90
days on jurisdictional irregularity (Ss. 115 &
115A);
 Effect of 2002 amendment has severely
curtailed Revisional Jurisdiction;

10. Suits by & against
Minors / Persons
of unsound mind
(O. XXXII C.P.C.)

11. Suits by/ against minors-I
Minor – Person not having
attained majority in terms of S. 3
of Indian Majority Act;
To sue by next friend – if plaintiff
(R.1);

12. Defending Minor in a Suit-I
 Minor to be defended in a suit by
a Guardian (R.3) :-
 Court to appoint Guardian;
 Guardian to have no interest
adverse to minor;
 Any person may be appointed
Guardian by Court if there is no
declared Guardian or other natural
Guardian for minor ;

13. Defending Minor in a Suit-II
 Qualifications to be appointed Guardian
for Suit (R. 4):-
 Person to be of sound mind;
 Must be a major;
 Has no interest adverse to minor’s interest ;
 Must give consent in writing;
 Court’s own an officer may be appointed if no
one else is available, fit or willing to be
Guardian;

14. Limitations of the Guardian -I
 Barred from receiving money of minor
(R.6):-
o By way of compromise;
o Under decree or order in favour of minor;
o Court may permit Guardian / next friend
to receive money / property subject to
security;
o No security required from manager of
HUF or a minor’s parent;

15. Limitations of the Guardian -II
 Barred from compromising suit (R.
7):-
o Leave of Court to be obtained;
o Affidavit and certificate required
regarding minor’s benefit;
o Court may examine truth regarding
minor’s benefit;
o Agreement / compromise made without
Court's leave voidable;

16. Limitations of the Guardian -III
 Guardian/next friend barred from retirement
(R. 8):-
o Procurement of another person necessary;
 Removal of next friend (R. 9):-
o Where interest is adverse;
o If closely connected with a defendant;
o If does not do duty;
o If leaves India etc. (1);
o If authorised Guardian seeks to be himself
appointed;

17. When the child is a “man”-I
 Course by plaintiff on attaining majority
(R. 12);
 Minor to elect himself;
 Next friend stands discharged after notification;
 Repudiation by minor co-plaintiff (R. 13);
o Court may strike out minor co-plaintiff if found
unnecessary;
o May make him defendant if a necessary party;
o Next friend / co-plaintiff and defendant to be
notified;

18. The child is a
“man”-II
 Unreasonable or
improper Suit (R.
17):-
o On attaining majority
plaintiff may apply
for dismissal on
above grounds;
o Notice required upon
all;
 All the above
provisions
pertaining to
minors apply
almost
exactly to
persons of
unsound
mind (R. 15);