(Summary + Examples + Key Judgments)

Under CPC, appeals are of several kinds depending on who is appealing, from which order, and at which stage. Appeals are a statutory right, not automatic — meaning they exist only when provided in CPC.

1. FIRST APPEAL (Section 96 CPC)

✔ What it is

A full appeal on facts + law filed against a decree passed by a trial court.

✔ When filed?

• Against any final decree or preliminary decree
• Appeals allowed even if decree is ex-parte
• Not allowed when decree is passed with consent of parties

✔ Court

Usually from:

• Civil Judge → District Court / High Court
• District Judge → High Court

✔ Example

A suit for partition is dismissed by the Trial Court. The plaintiff files a First Appeal challenging evidence, witnesses, documents, and legal errors.

✔ Important Case Law

Santosh Hazari v. Purushottam Tiwari (2001)
→ First appeal is a valuable right; appellate court must re-appreciate evidence completely.

2. SECOND APPEAL (Section 100 CPC)

✔ What it is

A further appeal ONLY on substantial question of law.

✔ When filed?

Only after:

1. Trial Court judgment
2. First Appellate Court judgment

Appeal lies to the High Court only.

✔ What is NOT allowed:

• Re-assessment of evidence
• Questions of facts

✔ Example

Two courts hold that a property belongs to X based on evidence. Y files a second appeal alleging:
“Whether unregistered family settlement is admissible?”
→ This is a substantial question of law, so the High Court may admit.

✔ Key Judgment

Kondiba Dagadu v. Savitribai (1999)
→ High Court cannot interfere with concurrent findings of fact unless there is perversity.

3. APPEAL FROM ORDERS (Section 104 & Order 43 CPC)

✔ What it is

Appeal against specific orders listed in CPC.

✔ Example Orders Appealable

• Order returning plaint (Order 7 Rule 10)
• Order granting/refusing temporary injunction (Order 39 Rule 1 & 2)
• Order appointing receiver (Order 40)
• Order rejecting application under Order 9 Rule 13
• Order refusing to set aside sale (Order 21)

✔ Example

Court refuses to grant temporary injunction in a property dispute → party can file Appeal from Order under Order 43 Rule 1(r).

✔ Judgment

Shah Babulal Khimji v. Jayaben (1981)
→ Some interlocutory orders amount to “judgment” and are appealable.

4. APPEALS TO THE SUPREME COURT (Civil Appeals)

Two main types:

A. Appeal by Special Leave (Article 136)

✔ Nature

Discretionary remedy. Not a matter of right.

✔ Example

High Court upholds eviction order. Tenant seeks SLP before Supreme Court for relief.

Key Case

Pritam Singh v. State (1950)
→ SC will interfere only when there is grave injustice or exceptional circumstances.

B. Appeal Under Article 133 (Civil Appeal as a matter of right)

✔ When?

Where a case involves a substantial question of law of general importance and High Court certifies it.

5. LETTERS PATENT APPEAL (LPA)

(Only where High Court’s Letters Patent allows)

✔ What it is

An intra-court appeal:
Single Judge decision → Division Bench of the same High Court.

✔ Not available when:

• Matter decided by a Single Judge in second appeal
• Filing against certain statutory tribunals

✔ Example

Single Judge of High Court dismisses a writ petition. Petitioner files LPA before Division Bench.

6. MISCELLANEOUS APPEALS

Examples include:

A. Appeal under Order 21 (Execution Appeals)

Filed against orders passed in execution proceedings.

B. Appeal in Small Causes

Where the Provincial Small Causes Courts Act applies.

Example

Judgment-debtor challenges an execution order attaching his salary.

7. APPEAL UNDER SECTION 96(4) – EX-PARTE DECREE

A specific appeal against an ex-parte decree.

Example:
Defendant did not get notice and the decree is passed → He can file Appeal or Order 9 Rule 13 application.

8. APPEAL BY INDIGENT PERSON (Order 44 CPC)

If a person cannot pay court fees, they can appeal as an indigent person.

COMPARISON TABLE (Quick Revision)