There is no concept of appeal in the code of civil procedure, but there is no doubt that any request to an appeal court by a party seeking to set aside or overturn a lower court’s ruling is an appeal.
An appeal in its true sense gets defined as the complaint to a superior court for an injustice done or error committed by a lower court. In this case, the former is asked to correct or overturn a ruling or a decision.
So, to have the lower court’s decree reversed is a Statutory Remedy.
Grounds of an Appeal
The following grounds may get used to filing 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?
- First, any party to the original proceeding or his/her legal representatives.
- Second, 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.
- It is a substantive right.
- The right to appeal cannot get 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 gets presented with:
- parties to the appeal (name and particulars)
- the details of the order or judgment of the court, tribunal, or authority whose order is getting appealed, and
- the grounds on which the decision of the court,
- tribunal, or authority below gets 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.
- The certified copy of the original judgment is attached.
Appeals from the 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 gets limited to Rs. 10,000).
- An appellate court might 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 will get taken into account.
- In the absence of a majority, the original decree will remain in effect.
- Where the bench differs from any point of view, it may get 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 sixty days disposed of within sixty days. Petitions for this purpose must include the grounds for appeal
It must also include a request for a certificate, stating that the case involves a substantial question of law that must get decided by the Supreme Court.
The opposing party will get an opportunity to raise any objections to the issuance of such a certificate. If the applicant denies the certificate, the petition gets dismissed. If the appeal gets accepted, the appellant will be required to deposit the required security and costs within a specified time frame.
After the applicant fulfils the obligations mentioned above, the court from whose decision the appeal is preferred shall declare the appeal as admitted. After this, the respondent gets an intimation.
Circumstances For 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 significant 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 gets rejected, the security can still get deposited within 30 days, and the application will be accepted.
Appeals get recognised as statutory rights of persons aggrieved by an inferior 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, it concludes that the provisions of the CPC extensively deal with both substantive and procedural aspects of all types of appeals while making explicit modifications to accommodate more specific legislation.
FAQS Regarding Final Appeal
Who cannot file an appeal?
- A party who has waived its right to appeal per an explicit and unambiguous agreement.
- A party that has reaped the benefits of a decree's incentives.
- Parties who have signed a consent decree.
Can there be a second appeal?
Section 103 provides that, although no second appeal exists on a factual question when such an appeal is before the High Court, and the evidence is sufficient, the Court may decide any genuine issue necessary for the disposition of the appeal.
The second appeal only gets permitted under two circumstances.
- First, if the trial court has not decided the issue, the appellate court, or both.
- Second, if the court took the wrong decision due to substantial questions of law, the provision allows a High Court to rule on a factual issue in certain circumstances.
Which is the highest appeal in India?
The Supreme Court of India stands out to be at the apex of the pyramid of the Courts in India. It is the Highest Court of Appeal in India. Apart from the appellate jurisdiction, it also acts as a guardian of the Constitution of India.
What is a 'no appeal'?
- There is no right of appeal against a court's decision or verdict reached with the parties' consent.
- When the subject matter of the complaint is less than Rs. 3000/-, no appeal can get filed unless on an issue of law.
- In addition, if a single judge of the High Court issues a decree/judgment in a second appeal, that decree/judgment is not appealable.