APPEALS :
Right of appeal is not a natural or inherent right attached to litigation. Such a right is given by the statute or by rules having the force of statute (Rangoon Botatoung Company v. The Collector, Rangoon, 39 I.A. 197).
There are four kinds of appeals provided under the Civil Procedure Code:
(i) Appeals from original Decrees (Sections 96-99-Order 41)
(ii) Second Appeals (Sections 100-103-Order 42)
(iii) Appeals from Orders (Sections 104-106, 0.43 r. 1-2)
(iv) Appeals to the Supreme Court (Sections 109 and 112, Order 45)
Appeals from original decrees may be preferred in the Court superior to the Court passing the decree. An appeal may lie from an original decree passed ex parte. Where the decree has been passed with the consent of parties, no appeal lies. The appeal from original decree lies on a question of law. No appeal lies in any suit of the nature cognizable by Courts of small causes when the amount or value of the subject matter of the original suit does not exceed ten thousand rupees.
Second appeal: As per Section 100 of the Civil Procedure Code, an appeal lies to the High Court from every decree passed in appeal by any subordinate Court if the High Court is satisfied that the case involves a substantial question of law. Under this Section, an appeal may lie from an appellate decree passed ex parte.
The memorandum of appeal must precisely state the substantial question of law involved in the appeal. If the High Court is satisfied that a substantial question of law is involved, such question shall be formulated by it and the appeal is to be heard on the question so formulated. The respondent is allowed to argue that the case does not involve such question. The High Court is empowered to hear the appeal on any other substantial question of law not formulated by it if it is satisfied that the case involves such question.
The High Court is not to vary or reverse any order or decree except the order which if made in favour of the party applying for revision would have finally disposed of the suit or proceedings or against which an appeal lies either to the High Court or any subordinate Court. A revision shall not operate as a stay suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.
Appeal from orders would lie only from the following orders on grounds of defect or irregularity in law –
(i) an order under Section 35A of the Code allowing special costs, and order under Section 91 or Section 92 refusing leave to Institute a suit of the nature referred to in Section 91 or Section 92,
(ii) an order under Section 95 for compensation for obtaining attachment or injunction on insufficient ground,
(iii) an order under the Code imposing a fine or directing the detention or arrest of any person except in execution of a decree.
(iv) appealable orders as set out under Order 43, R.1.
However no appeal shall lie from following orders –
(i) any order specified in clause (a) and
(ii) from any order passed in appeal under Section 100.
Appeals to the Supreme Court would lie in the following cases:
(i) from any decree or order of Civil Court when the case is certified by the Court deciding it to be fit for appeal to the Supreme Court or when special leave is granted under Section 112 by the Supreme Court itself,
(ii) from any judgement, decree or final order passed on appeal by a High Court or by any other court of final appellate jurisdiction,
(iii) from any judgement, decree or final orders passed by a High Court in exercise of original civil jurisdiction.
The general rule is that the parties to an appeal shall not be entitled to produce additional evidence whether oral or documentary. But the appellate court has a discretion to allow additional evidence in the following circumstances:
(i) When the lower court has refused to admit evidence which ought to have been admitted.
(ii) The appellate court requires any document to be produced or any witness to be examined to enable it to pronounce judgement.
(iii) for any other substantial cause.
The general rule is that the parties to an appeal shall not be entitled to produce additional evidence whether oral or documentary. But the appellate court has a discretion to allow additional evidence in the following circumstances:
(i) When the lower court has refused to admit evidence which ought to have been admitted.
(ii) The appellate court requires any document to be produced or any witness to be examined to enable it to pronounce judgement.
(iii) for any other substantial cause.
but in all such cases the appellate court shall record its reasons for admission of additional evidence.
The essential factors to be stated in an appellate judgement are (a) the points for determination, (b) the decision thereon, (c) the reasons for the decision, and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled (O.41, R.31).
The judgement shall be signed and dated by the judge or judges concurring therein.