Section 96 CPC — First Appeal

 

Section 96 CPC — First Appeal

Text of the provision (simplified):
Section 96 provides that:

• An appeal shall lie from every decree passed by any court exercising original jurisdiction to the court authorized to hear appeals from the decisions of such court.

• No appeal shall lie from a decree passed by the consent of parties.

• If only a portion of the decree is challenged, the appeal lies only to that extent.

• In cases where a decree is ex parte (i.e., passed without the defendant’s appearance), an appeal is still maintainable.

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Key Points about First Appeal

✅ Nature of Right:

• The right to file a first appeal is a statutory right, not an inherent or fundamental right.

• It is governed entirely by the provisions of the CPC.

✅ Who can file:

• Any party aggrieved by the decree (plaintiff or defendant) can file the first appeal.

✅ Appealable Orders/Decrees:

• Only decrees are appealable under Section 96, not mere orders (unless otherwise provided).

• Includes:

  • Preliminary decrees

  • Final decrees

  • Ex parte decrees

✅ Time limit:

• Under Article 116 or 117 of the Limitation Act, the time limit is:

  • 90 days if the appeal is to the High Court.

  • 30 days if the appeal is to any other court.

  • Time runs from the date of decree or, if requested, from the date of decree copy.

✅ Grounds for appeal:

• Error in law or fact

• Misreading of evidence

• Misapplication of legal principles

• Procedural irregularities causing prejudice

✅ Scope of powers:

• The first appellate court has wide powers: it can reappreciate evidence, reassess facts, and apply the law afresh.

• It is both a court of law and facts.

✅ Limitation:

• No appeal lies:

  • From a consent decree.

  • Where the decree is of a petty nature and barred under the CPC.

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Relevant Case Law

• Santosh Hazari v. Purushottam Tiwari (2001): The Supreme Court clarified that the first appellate court has a duty to apply its mind independently to both facts and law.

• B.V. Nagesh v. H.V. Sreenivasa Murthy (2010): The appellate court must record reasons while reversing the trial court’s judgment.

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Procedure for Filing First Appeal

1. Draft the memorandum of appeal (mentioning grounds, facts, and reasons).

2. Attach certified copy of the decree and judgment.

3. File within limitation period.

4. Serve notice to respondent(s).

5. Pay court fee as applicable.