2. 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…”
3. 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.
4. 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.
5. 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”
6. 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.”
7. 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.”
8. 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… ”
9. 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.
10. 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.
11. 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.
12. 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.
