What is Section 96 CPC?

 

📘 What is Section 96 CPC?

Section 96 of the Code of Civil Procedure, 1908, provides the right to appeal from a decree passed by a court exercising original jurisdiction. This is commonly known as a "First Appeal."

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📜 Text of Section 96 CPC:

Section 96. Appeal from original decree.

1. Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, 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.

2. An appeal may lie from an ex parte decree as well.

3. No appeal shall lie from a decree passed by the court with the consent of parties.

4. No appeal shall lie, except on a question of law, from a decree 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 ₹10,000.

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✅ Key Features of First Appeal:

Feature	Description
Type of Appeal	As of right (not discretionary)
Who can file?	Any party aggrieved by the decree
Appealable Order	Only against a decree, not against interlocutory orders (unless covered under Section 104 or Order 43)
Time Limit	Generally 90 days from the date of decree
Appellate Court	Court superior to the one which passed the decree (typically District Court or High Court)

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📌 Grounds for First Appeal:

• Error of law or fact by trial court

• Misinterpretation of evidence

• Procedural irregularities

• Decree passed without jurisdiction

• Ex parte decree (if not set aside under Order IX Rule 13)

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🏛️ Procedure:

1. Draft and file a Memorandum of Appeal (Order XLI Rule 1)

2. Include certified copy of the decree and judgment

3. Pay requisite court fee

4. Notice issued to respondent

5. Appellate court may:

   • Admit and hear the appeal

   • Call for the record

   • Pass interim orders/stay

   • Confirm, reverse, modify, or remand the case

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🔍 Important Case Law:

• Banarsi v. Ram Phal (2003): First appeal is a continuation of the original suit.

• Union of India v. K.V. Lakshman (2016): Scope of First Appeal includes re-appreciation of evidence.