Civil Procedure Code - Appeals from Original Decree

Below is an overview relating to provisions of appeal in Civil Procedure Code. In this blog we will deal with Section 96 to 99 which are related to Appeals from Original Decree.

Section 96

Section 96 states when appeal lies from original court and when appeal don't lie. It states that appeal lies against all the decrees. It also states sometimes appeal may lie against ex-parte decrees. It also provides that in case of small cause court cases appeal lies about only question of law.

Clause 1 uses the word "shall" and clause 2 uses the word "may". It mean in ex-parte decrees, appeal option always not available. In ex-parte decree, decree can be challenged on certain grounds.

Section 97

Section 97 provides that when no appeal is moved against a preliminary decree, then when appeal is made against final decree, correctness of preliminary decree cannot be disputed.

Let's take an example. In below image, to the right side suit have many issues. For issue 1 preliminary decree is passed. You didn't appeal against it.

 For rest of the issues final decree is passed. When appeal is made then you cannot dispute the correctness of preliminary decree.

Section 98

Section 98 states than when appeal is heard by judges more than 1 then decision by majority will prevail.

If there are even number of judges on a bench and there is no clear majority then in decree of lower court will be confirmed. However if disagreement of judges is related to question of law, then such question can be heard by one or more judges. Again after hearing by other judges matter will be decided by majority of judges.

Section 99

It states that those decrees passed on merits or proper jurisdiction shall not be modified or reversed merely ground of technicalities.

For example misjoinder, non-joinder or any error in process should not affect the decree passed on merit.

Next we will have a look at Order 41.

Legalfundaa

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