Introduction
An appeal in general as well as in legal framework can be understood as “to seek consideration”, it plays a vital role in giving more assurance of justice and equity. A party might feel aggrieved by the judgment passed by any trial court due to its ex parte in nature or by the unsatisfactory trial itself, in these cases ‘Appeals’ come handy not only in providing another chance to the aggrieved party in any higher appellate court but also cuts out the roots of apprehensions of injustice from the aggrieved. Recognition of Appellate Jurisdictions of High Courts and the Supreme Court is enshrined in the Constitution, which makes ‘appeal’ a legal right for the citizen of our Nation. Provisions regarding appeals in criminal cases are given under the Criminal Procedure Code, and similarly, appeals in civil cases are provided in the Civil Procedure Code.
This article discusses the first appeal as the appeal from the original decree. The significance of this section for an aggrieved party is analyzed by referring some judgments of the Supreme Court. Apart from these significant concerns, a very concise understanding of orders, decrees, and second appeals are included.
Concept of Appeals
Appeals are the request made by the aggrieved party to a higher court to review the subordinate’s decision.[1] It provides an opportunity to the aggrieved parties to get their objections resolved relatively by the court of higher judicature. In the Civil procedural Code, the appeal has not been defined.[2] Though its definition can be found in Black’s law dictionary as “a proceeding undertaken to have a decision reconsidered by bringing it to a higher authority.”[3] Sometimes, one of the party remains unsatisfied with the trial court’s decision, so it is provided that such party may choose to file an appeal in an appellate court, such party is known as ‘appellant’, and the other party is called ‘appellee’.[4]
An appeal has three essentials:[5] (a) A judgment of a court or ruling of an authority; (b) An aggrieved party, who is unsatisfied by the decision; and (c) An appellate court ready to entertain the appeal.
Provisions regarding Appeals in India
The Indian Constitution also enshrines appellate jurisdictions to the High Courts and Supreme courts. An appeal may lie in the Supreme Court if: (a) the High Court certifies any of his decision involves a specific question of law requiring interpretation of the Constitution;[6] (b) the High court approves any of his decision in a civil proceeding involves questions of general importance;[7] and (c) similarly for criminal proceedings in High Courts.[8] Apart from this, a special leave petition is granted by the Supreme Court concerning any decision in any matter made by any court.[9] Similarly, the existence of the appellate jurisdiction of High Courts over civil and criminal matters are well recognized. By the enactment of the 42nd amendment, the power of the High Courts was limited by disallowing them to hearing appeals against the decisions passed by the Tribunals and the state established corporations. Still, this restriction on jurisdiction was removed after the enactment of the 43rd amendment.[10]
Appellate Jurisdiction, as mentioned in the Constitution for High Courts and the Supreme Court, provides the recognition to such rights and jurisdiction of citizens and courts respectively. But procedure which is required to be followed to appeal in such appellate courts is given in Criminal Procedure and Civil procedure regarding criminal and civil matters respectively. In criminal procedure, different provisions are given from section 372 to 394, which deals with appeals in appellate courts from convictions, Acquittals, etc.[11] Whereas in civil procedure, provisions regarding appeals are given from section 96 to 112, which provides a different approach for appeals regarding orders and decrees as well as procedures for first appeals and second appeals.[12]
Decree and Order
It is necessary to understand the difference between order and decree before understanding appeals. A judgment acts as the ground of a decree or order in a civil proceeding.[13]A decree is only passed in a suit by the judge to conclusively determine the rights of the party arising out of the matters in dispute, and it can be passed once in a lawsuit or twice (preliminary and final) in certain cases.[14] The second appeal lies to the High Court on specific grounds from a decree passed in the first appeal[15]. Whereas, order means the formal expression of any decision of a civil court which is not a decree.[16]Unlike decree, orders may originate from a petition or any application along with suits, orders may or may not determine the conclusive rights, there can’t be preliminary orders. Still, many orders may be passed during a single proceeding unlike decree,[17] and no second appeal can be filed in case of appealable orders.[18]
Section 96 of C.P.C.–Concept
The civil procedure provides for appeals from original decrees (First Appeal) from section 96 to 99A and appeals from appellate decrees (Second Appeal) from section 100 to 103.Order XLI deals and prescribes rules in furtherance of this section 96. Section 96(1) provides for the provision of appeal from every decree passed by any court exercising its original jurisdiction to the court competent to hear appeals from the decisions of such court.[19] Apart from the aggrieved party to the suit, anyone of his representatives-in-interest may file an appeal.[20]A plaintiff can file even an appeal against co-plaintiff if the controversy in the suit forms subject-matter between plaintiffs. Similarly, an appeal may lie between the defendant and co-defendant in some instances.[21]If a party waives off his right to appeal and agrees not to appeal, then he will be bound by such agreement and couldn’t file an appeal.[22]
Sub clause (2) of section 96 states if an original decree has been passed ex parte, then the aggrieved party, against whom the ex parte decree has been past may file an appeal against such decree.[23]Apart from an appeal, such an aggrieved party may also apply for the decree.
If the court passes an original decree with the consent of both parties, then no appeal can be filed.[24] Once such a consent decree is passed, section 96(3) comes into force, which forbids the parties from appealing further. It creates estoppel between the parties as a judgment on consent.[25] This section will not apply if the fact of compromise is in dispute or is challenged on the ground that no lawful compromise was made.[26]
If the nature of a suit, recognized by a court, is of a small cause, where the value of subject matter is not exceeding Rs.10000, and it does not involve a question of law, then no appeal from such decree shall lie.[27]Section 96(4) has been inserted by the Amendment Act of 1976, which restricts appeals arising from small cause decrees without involving any question of law.
Significance of aggrieved person under section 96
The whole set of laws, whether substantive or procedural, are meant for the establishment of peace and providing justice for aggrieved persons. The right to appeal is not natural or inherent. Instead, it is a creation of the statute; else there is no such right to appeal.[28] In the case of Mona Panwar v. High Court of Judicature of Allahabad[29], it was held that:
“A single right of appeal is more or less a universal requirement. It is on the principle that all men are fallible, and judges are human beings who may commit a mistake. A judge who has not committed an error is yet to be born. This dictum applies to all judges from lowest to highest courts.”
Regarding section 96 of the C.P.C., the Appellate court hearing the first appeal has also been directed by the Hon’ble Supreme Court. In H.K.N. Swami v. Irshad Basith[30], the Supreme Court held that the “first appeal has to be decided on facts as well as on law. In the first appeal, parties have the right to be heard both on questions of law as also on facts, and the first appellate court is required to address itself to all issues and decide the case by giving reasons.” Such directions by the Supreme Court time and again has put the appellate court under an obligation to address question involving not only of legal but also of factual nature. It signifies the role of appellate courts under section 96, which makes this section more significant for any aggrieved party.
Limitation – The Code of Civil procedure provides a right to appeal against any decree under section 96, but it nowhere prescribes for a time limit regarding filing an appeal. However, the Limitation Act, 1963 provides a time limit for filing of the appeal. It specifies that an appeal can be filed against a decree in the High Court within 90 days and in any other court within 30 days from the date of the decree passed by the original court.[31]
Second Appeal – An aggrieved party may file the second appeal after exhausting their right of the first appeal. Under section 100, one is capable of filing an appeal in the High court against the Appellate decree passed by any subordinate court. But the limitation is that the case should involve a question of law as it precisely hears arguments on the substantial question of law involved.[32]
It can be said that the aggrieved party holds the most considerable significance not only under section 96 but under the whole portion of civil procedure dealing with appeals from decree either first or second appeal.
Conclusion
The term ‘Appeal’ is not defined in The Code of Civil Procedure. However, it can’t be inferred that its absence undermines its importance for the aggrieved parties. The Constitution of India recognizes appeals in the form of the appellate jurisdiction of the Supreme Court and High courts. Provision for appealing in the Supreme Court in the civil matters is distinctly enshrined under article 133. In the civil procedural Code, provisions regarding approaching appellate courts are given expressly. Section 96 of the C.P.C., dealt with the provision regarding the first appeal from the original decree. The concept of decree and order has been discussed as also provided in this Code. Few Judgments which has directed appellate court regarding its powers have proved the essence of the aggrieved person under section 96 of the Code. By these judgments, the Apex court has uplifted and prioritized to serve the interest of justice to the aggrieved person. But to prevent the arbitrarily delayed appeals, the time limit is also prescribed for the convenience of the courts. But this duty is upon the aggrieved party. The significance of aggrieved party has been served and uplifted by section 96 along with other provisions of the Code on the lines of the Constitution of India.
By-
Adarsh
Chanakya National Law University
[1] Sandweiss, Kathi, “What is an Appeal and Why do I need an Appeals Lawyer?”, Jaburg Wilk Attorneys at Law (Aug. 27, 2020, 05:05 PM),
http://www.jaburgwilk.com/news-publications/what-is-an-appeal-and-why-do-i-need-an-appeals-lawyer#:~:text=An%20appeal%20is%20a%20request,made%20by%20the%20lower%20court.&text=An%20appeals%20lawyer%20presents%20the,that%20looks%20like%20a%20book.
[2]Mallappa v.Kuruvathappa, AIR 2020 SC 925.
[3] Id.
[4] “What is an Appeal?”, Courts.in.gov (Aug. 27, 2020, 07:21 PM), https://www.in.gov/judiciary/2676.htm.
[5] Louis Bloom, “Final Appeal: A Study of the House of Lords in its Judicial Capacity.”(Aug. 28, 2020, 01:23 AM).
[6] The Constitution of India, 1949, Article 132.
[7] Ind. Const. Art. 133
[8] Ind. Const. Art. 134
[9] Ind. Const. Art. 136.
[10] Importance of appeals in the courts of India, Lawn (Aug. 28, 2020, 12:44 AM),
https://www.lawnn.com/importance-appeals-courts-india/.
[11] The Code of Criminal Procedure, 1973, Section 372-394.
[12]The Code of Civil Procedure, 1908, Section 96-112.
[13]CPC. Sec. 2(9).
[14]C.K. Takwani, Civil Procedure with Limitation Act, 1963, 28 (8th ed. 2017).
[15] CPC. Sec. 100.
[16] CPC, Sec. 2(14).
[17] Takwani, Supra (note 14), Page 28.
[18] CPC, Sec. 104(2).
[19] CPC, Sec. 96(1).
[20]State of Punjab v. Amar Singh, (1974) 2 SCC 70, page 89.
[21] Nirmala Bala v. Balai Chand, AIR 1965 SC 1874.
[22] Ameer Ali v. Inderjeet Singh, (1871) 14 MIA 203 (PC).
[23] CPC, Sec. 96(2).
[24] CPC, Sec. 96(3)
[25] Katikara Chintamani Dora v. Guntreddi Annamanaidu, (1974) I SCC 567, pp. 584-85.
[26] Banwari Lal v. Chando Devi, (1993) I SCC 581.
[27] CPC, Sec. 96(4).
[28]Ganga Bai v. Vijay Kumar, (1974) 2 SCC 393, pp. 397.
[29] (2011) 3 SCC 496 (507).
[30] (2005) 10 SCC 243, Para. 244.
[31] The Limitation Act, 19623, Article 116.
[32] CPC, Section 100.
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