Here’s a complete explanation of “Types of Appeals under the Code of Civil Procedure, 1908 (CPC)”, including sections, meaning, purpose, and landmark points
Types of Appeals under the Code of Civil Procedure, 1908
Meaning of Appeal
An appeal is a legal remedy by which a person dissatisfied with a court’s decision seeks a review and reversal/modification by a superior court.
It is not a new trial, but a continuation of the original proceedings.
Statutory Basis
Appeals under CPC are governed by Sections 96–112 and Orders 41–45.
Types of Appeals under CPC
| Type of Appeal | Relevant Section / Order | Filed Against | Before Which Court | Key Points |
| 1️. First Appeal | Section 96 – 99; Order 41 | Decree passed by a court exercising original jurisdiction | Before the District Court or High Court (depending on value/jurisdiction) | – Lies on a question of law and fact. – Must be filed within 90 days from decree. |
| 2️. Second Appeal | Section 100 – 103 | Decree passed in appeal by a Subordinate Court | Before the High Court | – Lies only on a substantial question of law. – High Court must formulate the question of law before hearing. |
| 3️. Appeal from Orders | Section 104 – 106; Order 43 Rule 1 | Certain appealable orders (not decrees) | Before Appellate Court as provided | – Only specified orders are appealable (like injunction, appointment of receiver, etc.). – No appeal from all interlocutory orders. |
| 4️. Appeal from Original Decrees of Small Cause Courts | Section 96(4) | Decrees passed by Courts of Small Causes | No Appeal (barred except on a question of law in some cases) | – Prevents trivial appeals. |
| 5️. Appeal by Indigent Person (Pauper Appeal) | Order 44 | Refusal to allow appeal as pauper | Before Appellate Court | – Person can appeal without paying court fees if indigent. |
| 6️. Appeal to the Supreme Court | Section 109–112; Articles 132–136 of Constitution | Judgments, decrees, or orders of High Court | Before Supreme Court of India | – Lies on substantial question of law of general importance or with certificate of fitness from High Court. |
| 7️. Letters Patent Appeal (LPA) | Under Letters Patent of High Courts (not CPC but related) | Judgment of a Single Judge of High Court | Before Division Bench of same High Court | – Applicable only in Chartered High Courts (e.g., Bombay, Calcutta, Madras, Delhi). – Subject to statutory bar (e.g., in writs under Art. 226/227 sometimes excluded). |
Key Features of an Appeal
- It is a statutory right — not inherent.
- It must be filed within limitation (Sections 12, 5 Limitation Act).
- No appeal from consent decrees (Section 96(3) CPC).
- Right of appeal exists on the date suit is instituted.
Distinction Between First and Second Appeal
| Basis | First Appeal (Sec. 96) | Second Appeal (Sec. 100) |
| Scope | Both law & facts | Only substantial question of law |
| Forum | District Court / High Court | High Court only |
| Objective | Re-examination of evidence | Clarification of legal principles |
Landmark Judgments
| Case Name | Principle |
| Ramesh Singh v. Cinta Devi (1996) 3 SCC 142 | Right of appeal is a substantive right — accrues on date of suit. |
| Kondiba Dagadu Kadam v. Savitribai Sopan Gujar (1999) 3 SCC 722 | Second appeal lies only on substantial question of law. |
| N. Suriyakala v. A. Mohandoss (2007) 9 SCC 196 | Appellate court cannot reappreciate facts in second appeal. |
Objective of Appeal
- To ensure justice by correcting errors of law or fact.
- To provide supervisory control over subordinate courts.
- To maintain uniformity of law and proper judicial discipline.
Summary Table
| Appeal Type | Provision | Ground | Filed Before |
| First Appeal | Sec. 96 | Question of fact & law | District / High Court |
| Second Appeal | Sec. 100 | Substantial question of law | High Court |
| Appeal from Orders | Sec. 104, O.43 | Specified orders | Appellate Court |
| SC Appeal | Sec. 109–112 | Substantial question of law | Supreme Court |
| LPA | Letters Patent | Single Judge decision | Division Bench HC |
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