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Suit Procedure


Appeal From Original Decrees

(Sec. 96) -

In general, an appeal lies from any decree passed by the court.

(Sec. 96)

In cases, where the value of suit does not exceed Rs.10, 000 An appeal can be filed only on a question of law.

(Sec. 96)

When a decree has been passed against the Defendant as "Ex-Parte", i.e. without his appearance, no appeal is allowed.

(Sec. 96)

When an appeal is headed by two or more judges, then the
majority decision shall prevail.

In case there is no majority, then the decree of lower court
shall be confirmed.

In case, the number of judges in the court, where appeal is filed is more, than the number of judges hearing the appeal, then if there is a dispute on a point of law, such dispute can be referred to one or more judges.

 

Procedure For Appeal From Original Decrees ( Order 41)

  • The appeal shall be filed in the form prescribed, singed by the appellant, along with a true certified copy of the order.

  • The appeal shall contain the grounds of objection under distinct heads, and such grounds shall be numbered consecutively.

  • If the appeal is against a decree for payment of money, the court may require the appellant to deposit the disputed amount or furnish any other security.

  •  A ground / objection which has not been mentioned in the appeal, cannot be taken up for arguments, without the permission of court.

  • Similarly any point of act which was not taken up y the Appellant, in lower court, cannot be taken up in appeal lies only against only those points which have been decided by the court rightly or wrongly.



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