FORUM OF APPEAL: PROCEDURE FOR FILING AND DISPOSAL OF APPEALS: SECOND APPEAL: APPEAL AGAINST ORDERS: POWERS OF THE APPELLATE COURT
Appellate jurisdiction is the jurisdiction of a higher court to review the final order, and in some cases, the interim judgment, order, or decree of a lower court based on the record made in the lower court, and to affirm, reverse, or modify such order, judgment, or decree. The essence of appellate jurisdiction is that the appellate authority can substitute its opinion about the merits of the case for that of the lower authority.
Sections 96–106 and Orders XLI & XLII
[PLD 1981 SC 790] “An appeal is a complaint made to a superior court against the decision of a subordinate court, with the object of having such order set aside or revised.”
Undoubtedly, a right of appeal exists in the party who is adversely affected by the decree or order.
Under the C.P.C., there are appeals against decrees and appeals against orders (called appealable orders).
For the purposes of appeal, there are:
Original decrees (first appeal)
Appellate decrees (second appeal)
1. First Appeal – Sections 96 & 97
i. An appeal lies from every decree passed by any court exercising original jurisdiction to the court authorized to hear appeals from that court. ii. An ex-parte decree is appealable, except where it is passed with the consent of the parties. iii. A preliminary decree is also appealable. However, under Section 97, if an aggrieved party does not appeal against such a decree, "he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree."
An appeal lies from a decree passed by a court exercising original jurisdiction to the court authorized to hear appeals from its decisions.
Sections 17 and 18 of the Civil Courts Ordinance, 1962:
Section 17: Appeal from a decree or order of a District Judge or ADJ lies to the High Court.
Section 18: Appeal from a decree or order of a Civil Judge lies to the High Court if the value exceeds a certain limit.
Section 106 CPC: Appeal against an appealable order lies to the court to which an appeal would lie from the decree in the suit.
Section 3 of the Law Reforms Ordinance, 1972: Intra-court appeal lies to a bench of two or more High Court judges where a decree or final order is passed by a single judge of the High Court in original civil jurisdiction.
An appeal is filed by presenting a memorandum of appeal.
It must set forth concisely, under distinct heads, the grounds of objection.
It must be accompanied by a copy of the decree.
The court endorses the date of presentation.
The appellate court may require security for costs.
If no sufficient grounds exist, the court may dismiss the appeal in limine.
If admitted, the appellate court issues notices to the respondent and lower court and fixes a date for hearing.
After hearing, the court pronounces judgment.
An appeal against an original decree may be based on questions of fact or law. It lies only with the leave of the court, and additional grounds may be raised besides those in the memorandum.
“An appeal shall lie to the High Court from every decree passed in appeal by any court subordinate to it.”
1. GROUNDS FOR SECOND APPEAL:
i. The decision is contrary to law or to some usage having the force of law. ii. The decision fails to determine some material issue of law or usage. iii. A substantial error or defect in procedure that may have affected the merits.
2. WHEN SECOND APPEAL SHALL NOT LIE – SECTION 101:
No second appeal lies in: (a) Suits cognizable by Small Cause Courts where the value does not exceed Rs. 25,000. (b) Any other suit where the value does not exceed Rs. 250,000.
The general principle is that no appeal lies unless expressly conferred by law.
Sections 104 & Order XLIII enumerate the appealable orders.
Section 105 states that no appeal shall lie from interlocutory orders unless they affect the final decision. However, such defects may be raised in a memorandum of appeal against the decree.
An appeal lies to the court that would hear an appeal from the decree in the suit or, if the order was passed by an appellate court (not being a High Court), then to the High Court.
Rule 4: Power to reverse/vary judgment even if only one party appeals.
Rule 24: Power to decide the case on existing record.
Rule 33: Broad power to pass any decree or make any order in the interests of justice.
Rule 23: When case is disposed of on a preliminary point and decree is reversed.
Rule 23-A: Where a retrial is necessary due to improper disposal.
Used when lower court omitted essential issues or factual questions.
Rule 27: Allows additional evidence in limited circumstances—where it was wrongly excluded or necessary for justice.
Rule 29: Appellate court must specify the issues for which additional evidence is allowed.
a. Pass interlocutory orders b. Add necessary parties c. Rectify errors of lower court d. Remand cases and record additional evidence e. Record evidence and decide the matter f. Reject appeal or plaint g. Appoint arbitrator with consent of parties
The appellate mechanism under the Civil Procedure Code is a vital safeguard ensuring justice and fairness by allowing higher courts to review decisions made by subordinate courts. While the right to appeal is statutory and must be expressly provided, it plays a crucial role in correcting errors, misapplications of law, or miscarriages of justice. The structured procedures and defined powers of appellate courts reinforce the integrity of the judicial system, balancing finality with fairness.
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