Any request to a court by a party seeking to set aside or overturn a lower court’s ruling is an appeal.
An appeal in its true sense is defined as the complaint to a superior court for an injustice done or error committed by a lower court. In this case, the lower court is asked to correct or overturn a ruling or a decision.
Reversing the lower court’s decree is a statutory remedy.
Table of Contents
Grounds of an Appeal
The following grounds may be used to file an appeal under the civil procedure code:
- A judicial or administrative authority has already made a decision.
- A person is aggrieved by such a decision regardless of whether he is a party to the proceeding.
Who can File an Appeal?
- Any party to the original proceeding or his/her legal representatives.
- Any person claiming under such a party or a transferee of such party’s interest.
- Any person appointed by the court as a minor’s legal guardian
- And finally, any other dissatisfied person after leaving the court.
Features of an Appeal
- The right to appeal is not inherent and thus must be created expressly by the statute. As a result, these rights differ from the inherent right to file suits.
- Appeal is a substantive right.
- The right to appeal cannot be nullified except by a statute (either expressly or implied).
- The appellate authority’s discretion is final.
Memorandum of Appeal
A memorandum of appeal includes the name of the court, tribunal, or authority to which it is presented with:
- Parties to the appeal (name and particulars)
- Details of the order or judgment of the court, tribunal, or authority whose order is getting appealed
- Grounds on the decision of the court
- Tribunal or authority below is challenged.
A valid memorandum of appeal must include the following elements:
- The grounds for filing an appeal
- The appellant’s or his/her pleader’s signature is required.
- Certified copy of the original judgment is attached.
Appeals from Original Decrees
- Appeals from original decrees, which the appellate court performs, are preferred in the superior court.
- There’s no right of appeal in any suit of the type cognisable by courts of small causes (the amount or value of the subject matter of the original claim is limited to Rs. 10,000).
- An appellate court may remand a case to a trial court if the trial court dismissed the case without recording any findings.
- If a bench hears an appeal under this provision of multiple judges, the majority’s opinion is considered.
- In the absence of a majority, the original decree will remain in effect.
- Where the bench differs from any point of view, it may be decided by any number of the court’s remaining judges. The decision shall be taken by most of the judges hearing the appeal, including the judges who originally heard it.
- The decision may either confirm, modify, or reverse the decree.
Appeals to the Supreme Court
Appeals to India’s highest court are possible if the lower court believes the case is appropriate for an appeal to the Supreme Court or if the Supreme Court grants special leave.
Appeals to the Supreme Court can be filed by filing a petition with the court that enacted the decree, and the petition will be heard and disposed of within 60 days. Petitions for this purpose must include the grounds for appeal.
A petition must also include a request for a certificate, stating that the case involves a substantial question of law that must be decided by the Supreme Court.
The opposing party is given an opportunity to raise any objections to the issuance of such a certificate. If the applicant denies the certificate, the petition is dismissed. If the appeal is accepted, the appellant will be required to deposit the required security and costs within a specified time frame.
After the applicant fulfills the obligations mentioned above, the court from whose decision the appeal is preferred shall declare the appeal as admitted. After this, the respondent then gets an intimation.
Circumstances for the stay of an execution Of decree
It gets granted under the following conditions:
- In the absence of such discretion, the party requesting the stay is likely to suffer considerable losses.
- The application for a stay gets made without undue delay.
- The applicant has provided security for the proper execution of the specific order or decree. If the applicant fails to meet this commitment and the application is rejected, the security can still be deposited within 30 days, and the application will be accepted.
Appeals are recognised as statutory rights of persons aggrieved by a lower court’s decision in the interest of justice. First appeals are a type of appeal established by the Code of Civil Procedure. In an appeal to the foremost appellate authority, the limitation period is 90 days, where it lies to the High Court.
Finally, the provisions of the code of civil procedures (CPC) extensively deal with both substantive and procedural aspects of all types of appeals while making explicit modifications to accommodate specific legislation.