Examine the provisions of the Civil Procedure Code relating to Appeal in short.

Question: Examine the provisions of the Civil Procedure Code relating to Appeal in short.

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Answer

Appeal is a legal process through which a party dissatisfied with a decision or order of a lower court seeks a review of the case before a higher court. The settled position in law is that an appeal is a substantive right and not really a procedural one. Also, there can be an appeal only if the statute allows for it. However, if an Act/Code does not provide for a mechanism of appeal, it cannot be declared ultra-vires or unconstitutional on that ground.

The essentials of an appeal are quite simple:

a. There is a decision given by the subordinate court.

b. The person is aggrieved by such a decision

c. There is a reviewing body ready and willing to entertain an appeal

The provisions related to appeals in the Civil Procedure Code (CPC) in India are detailed under Order XLI.

Let's examine these provisions in detail:

a. Right to Appeal (Section 96 of CPC):

Any party aggrieved by a decree or order passed by a court from which an appeal lies under the CPC may appeal to the appropriate appellate court. An appeal can be filed against both decrees and orders, subject to certain conditions.

b. Appellate Court (Section 107 of CPC):

The court to which an appeal lies from any original decree or order is known as the appellate court. It is generally the court situated higher in the hierarchy than the court that passed the original decree or order.

c. Decree and Order Appealable (Section 96 and Order XLI Rule 1 of CPC):

A party can appeal against a decree that fully and finally determines the rights of the parties, or against an order that affects the rights of the party, but does not amount to a decree.

d. Who May Appeal (Section 96 of CPC):

Any party to the suit who is aggrieved by the decree or order can file an appeal. Parties who are not aggrieved or adversely affected cannot file an appeal.

e. Time Limit for Filing an Appeal (Section 100 and Order XLI Rule 3 of CPC):

The appeal must be filed within the prescribed time limit. In general, the period for filing an appeal is 30 days from the date of the decree or order. However, the appellate court may allow condonation of delay under certain circumstances.

f. Contents of Appeal (Order XLI Rule 1 of CPC):

The appeal memorandum must set forth the grounds of objection to the decree or order appealed against. It should also state the relief or remedy sought by the appellant.

g. Presentation and Admission of Appeal (Order XLI Rule 2 of CPC):

The appeal is filed by presenting a memorandum of appeal to the appellate court. The court will then examine the memorandum for any defects and admit the appeal if it complies with the requirements.

h. Stay of Proceedings (Order XLI Rule 5 of CPC):

Upon the admission of the appeal, the appellate court may stay the execution of the decree or order under appeal. This means that the lower court's decision will be put on hold until the appeal is finally decided.

i. Hearing and Disposal of Appeal (Section 107 and Order XLI of CPC):

The appellate court will hear the appeal on the merits of the case. It may call for the records of the lower court, hear arguments from both parties, and review the evidence. The court may also allow additional evidence to be produced if it is satisfied that it is necessary for a fair decision.

j. Powers of the Appellate Court (Section 107 and Order XLI of CPC):

The appellate court has the power to confirm, modify, or reverse the decree or order appealed against. It can also remand the case back to the lower court for fresh adjudication.

k. Second Appeal (Section 100 of CPC):

If the appellate court has decided on a substantial question of law, and the case fulfills certain criteria, a second appeal can be filed before the High Court.

l. Letters Patent Appeal (Section 104 of CPC):

In certain High Courts, a Letters Patent Appeal lies against the appellate court's decision to the High Court.

m. Review (Order XLVII of CPC):

If a party believes that the appellate court has made an error in its decision, it can file a review petition before the same court to seek a review of the judgment.

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