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Appeal Under CPC, 1908

An appeal is defined as the judicial examination of a lower court's decision by a higher court. It allows for the removal of a case from an inferior to a superior court to test the soundness of the lower court's ruling. An appeal is created by statute and the right to appeal is not inherent or natural, but must be granted by law. The Code of Civil Procedure 1908 outlines the various types of appeals that can be made from original decrees, appellate decrees, and orders to higher courts like the Supreme Court.

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1K views2 pages

Appeal Under CPC, 1908

An appeal is defined as the judicial examination of a lower court's decision by a higher court. It allows for the removal of a case from an inferior to a superior court to test the soundness of the lower court's ruling. An appeal is created by statute and the right to appeal is not inherent or natural, but must be granted by law. The Code of Civil Procedure 1908 outlines the various types of appeals that can be made from original decrees, appellate decrees, and orders to higher courts like the Supreme Court.

Uploaded by

Usaid Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

APPEAL UNDER CPC, 1908

The expression appeal has not been defined in the Code of


Civil Procedure 1908. But it may be defined as the judicial
examination of the decision by a court of higher hierarchy
of the decision of lower court.
It means removal of a cause from an inferior court to a
superior court for the purpose of testing the soundness of
the decision of the inferior court.
An appeal is a creature of statute and right to appeal is
neither an inherent nor natural right.
PART VII

APPEALS
During execution
by third party
From To Supreme Order XXI Rule
Other statutes
Court 103 (Order
Original like Sec 30
From Appellate passed on this
From Orders General Sec 109 Workmen’s
Decrees Decrees
Sec 104-106 Provisions -112(110, 111,
application is
Compensation
Sec 100 – 103 conferred the
111A repealed) Act, Sec 173 M.V.
Sec 96-99A &
& Sec 107(Power), status of Decree
Act, Sec 22 UP
108(procedure) & and is
Order XLIII Rent Control Act
& Order XLII Order XLV appealable)
provide appeal
Similarly for
Order XLI Article 136 SLP to civil court
Order XXI R
58(4)
attachment

APPEAL UNDER CPC, 1908 The expression appeal has not been defined in the Code of Civil Procedure 1908. But it may be defined
PART VII APPEALS From Original Decrees Sec 96-99A & Order XLI From Appellate Decrees Sec 100 – 103 & Order XLII From Orde

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