Appeal under CPC
Appeal under Civil Procedure Code (CPC), 1908
Meaning of Appeal
An appeal is a legal process by which a party aggrieved by a decision of a lower court seeks a review and reversal of that decision by a higher court. It is a statutory right and not inherent, meaning a party can only file an appeal if the law specifically allows it.
Relevant Provisions under CPC
Appeals are governed primarily under Sections 96 to 112 and Orders 41 to 45 of the Civil Procedure Code, 1908.
Types of Appeals under CPC
First Appeal – Section 96
Lies from a decree passed by a court exercising original jurisdiction.
Can be filed in District Court or High Court, depending on pecuniary jurisdiction.
Can be on questions of law and fact.
Appeal from ex parte decree is also maintainable under Section 96(2).
Second Appeal – Section 100
Lies from a decree in first appellate court to the High Court.
Maintainable only on a substantial question of law.
The High Court must formulate such a question before hearing.
Appeal from Orders – Section 104 and Order 43 Rule 1
Certain appealable orders are specifically listed under Order 43 Rule 1.
Examples: Orders rejecting an application for temporary injunction, or orders returning a plaint.
Appeal to the Supreme Court – Sections 109 & 112
Lies from a judgment, decree, or final order of High Court in civil proceedings.
Conditions:
Substantial question of general importance.
High Court must certify the case is fit for appeal to Supreme Court (Certificate under Article 133 of the Constitution).
Appeals by Indigent Persons – Order 44
Allows a person unable to pay court fees to file an appeal as an indigent person.
Procedure similar to suit by indigent person under Order 33.
Key Concepts in Appeal
Substantial Question of Law
Essential in second appeal.
Not every legal question is a “substantial” one.
Must be debatable, not settled by precedent, and must affect the outcome.
Appealable vs Non-Appealable Orders
Only those orders which are specifically enumerated are appealable.
Others may be challenged via revision or review.
Stay of Proceedings
Filing of an appeal does not automatically stay the execution of the decree.
A separate application under Order 41 Rule 5 must be filed.
Powers of Appellate Court – Order 41 Rule 33
Can pass any order which ought to have been passed.
Even in favor of a party who has not appealed (discretionary and rare).
Difference between Appeal, Review, and Revision
| Basis | Appeal | Review | Revision |
|---|---|---|---|
| Authority | Appellate Court | Same Court | High Court |
| Grounds | Law and facts (1st appeal), Substantial question of law (2nd appeal) | Error apparent on face of record | Jurisdictional errors |
| Nature | Statutory right | Discretionary | Supervisory |
| Time | Varies, generally 30-90 days | 30 days | 90 days |
Limitation for Filing Appeals
| Type of Appeal | Time Limit (Generally) |
|---|---|
| First Appeal | 30 to 90 days |
| Second Appeal | 90 days |
| Appeal to Supreme Court | 90 to 120 days |
| Appeal from Orders | 30 days |
Time can be condoned under Section 5 of the Limitation Act on sufficient cause.
Conclusion
An appeal is a critical legal remedy that enables correction of judicial errors. The CPC provides a well-structured hierarchy and process for appeals, balancing the need for finality of litigation with the right to fair adjudication.
RELATED Blog
0 comments