Section 96 to 112 and orders 41 to 45

First appeal – section 96 to 99 A,107 -------------order 41

Second appeal – section 100-103,107 ,108 ----- order 42

Appeal meaning—Judicial examination of the decision by the higher court of the decision of an inferior
court

 A right to appeal is not a natural or inherent right. It is statutory right. If statute does not confer
right of appeal no appeal can filled. Such law cannot be held ultra vires or unconstitutional.
 Appeal is continuation of suit . The Appellate authority has power to review the evidence
subject to the statutory limitation. But in the case of a revision whatever powers the revisional
authority may or may not have , it has not the power to re-examine, review or reassess the
evidence and to substitute its own finding unless the statute expressly confers on it that power.
 First appeal lies against a decree passed by a court exercising original jurisdiction , a second
appeal lies against the decree passed by a first appellate court.
 First appeal can be filed in superior court which may or may not be high court, a second appeal
can be filed only in the highcourt.
 First appeal is maintainable on the question of fact , or not a question of law, or on a mixed
question of fact and law filed only on a substantial question of law.
 No second appeal lies if the amount does not exceed 25000/-
 Court may treat the memorandum of appeal as a revision or vice versa. ---ss 151

Section 96-appeal from original decree

Who can not appeal?

 If a party wave his right to appeal, he cannot file an appeal and will be bound by an agreement .-
--Ameer ali v Inderjeet singh
 Where a party has accepted the benefits under a decree of the court, he can be estopped from
questioning the legality of the decree.—chandiok v chunni lal

Section 96

1. Decree passed on ex parte

2. No appeal if decree passed by consent
3. No appeal shall lie except on a Question of law

If ex parte decree

1. Can file an application under Order IX

2. File appeal under section 96
 3. File an application for review order XL VII
4. Can file suit on ground of fraud

Exceptions where consent decree is appealable

1. on the ground that is was not a decree passed with the consent of the parties …lawyer
consented without any authority of client
2. consent decree is passed without an order recording compromise
3. appellant was not a party to the consent decree but decree affects him prejudicially
 An agreement whereby the parties agree not to appeal from the decree is binding upon the
parties thereto
 Decree passed on the basis of compromise is not appelable--- Harmandeep Singh V swarn Singh

Who can appeal

1. Any party to the suit adversely affected by a decree

2. An transferee of the interest of such suit
3. Auction purchaser
4. No other person unless he is party to the suit is entitled to appeal under this section
 A person is said to be aggrieved by an order if that order directly affects. If a third party
established that he is adversely affected by decree and appeal against those matters only.

Section 99 --- No decree can reversed on the basis of mis joinder

Section 99A --- No order under section 47 can be reversed

Second appeal-----

Section 100---

1. Appeal shall lie to HC from every decree passed in appeal by any court is subordinate to HC
2. Appeal may lie –appellate decree passed ex parte
3. Memorandum of appeal state the substantial question of law
4. HC is satisfied Substantial question of law is , formulate that question
5. The appeal shall be heard on the question so formulated