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Appeal meaning—Judicial examination of the decision by the higher court of the decision of an inferior
court
A right to appeal is not a natural or inherent right. It is statutory right. If statute does not confer
right of appeal no appeal can filled. Such law cannot be held ultra vires or unconstitutional.
Appeal is continuation of suit . The Appellate authority has power to review the evidence
subject to the statutory limitation. But in the case of a revision whatever powers the revisional
authority may or may not have , it has not the power to re-examine, review or reassess the
evidence and to substitute its own finding unless the statute expressly confers on it that power.
First appeal lies against a decree passed by a court exercising original jurisdiction , a second
appeal lies against the decree passed by a first appellate court.
First appeal can be filed in superior court which may or may not be high court, a second appeal
can be filed only in the highcourt.
First appeal is maintainable on the question of fact , or not a question of law, or on a mixed
question of fact and law filed only on a substantial question of law.
No second appeal lies if the amount does not exceed 25000/-
Court may treat the memorandum of appeal as a revision or vice versa. ---ss 151
If a party wave his right to appeal, he cannot file an appeal and will be bound by an agreement .-
--Ameer ali v Inderjeet singh
Where a party has accepted the benefits under a decree of the court, he can be estopped from
questioning the legality of the decree.—chandiok v chunni lal
Section 96
If ex parte decree
1. on the ground that is was not a decree passed with the consent of the parties …lawyer
consented without any authority of client
2. consent decree is passed without an order recording compromise
3. appellant was not a party to the consent decree but decree affects him prejudicially
An agreement whereby the parties agree not to appeal from the decree is binding upon the
parties thereto
Decree passed on the basis of compromise is not appelable--- Harmandeep Singh V swarn Singh
Second appeal-----
Section 100---
1. Appeal shall lie to HC from every decree passed in appeal by any court is subordinate to HC
2. Appeal may lie –appellate decree passed ex parte
3. Memorandum of appeal state the substantial question of law
4. HC is satisfied Substantial question of law is , formulate that question
5. The appeal shall be heard on the question so formulated