The decree/ judgment passed by any appellate Civil Court in the first appeal can be challenged by way of a second appeal before the High Court. If the case involves a substantial question of law . The second appeal can be filed even against an exparte decree/ judgment of the first appellate court.
- A judgment / decree can be challenged in the first appeal on varied grounds both on basis of facts of the case and as well the legal interpretation of various legal provisions involved.
- For instance a party may raise objections as regards the territorial and pecuniary competence of a court passing the challenged judgment and decree.
- If there has been a failure of justice on account of such incompetence.
- Equally, in case all the necessary parties were not joined in the original suit, a challenge to the judgment decree of such a court can be maintained.
- An appeal may be as well to challenge the interpretation of law as the legal provisions applied by the subordinate court while making the judgment / decree any error, defect as irregularity in any proceeding before the subordinate court affecting the merits of the case as the jurisdiction of such a court may as well be a sustainable ground while making an appeal.
- The second appeal can be filed only if there exists a substantial question of law. In the case the question of law would be substantial if it is of general public importance or which directly and substantially affects rights of the parties.
Noappeal can be filed against a decree / judgment which has been passed by the court with the consent of the parties. Again, no appeal can be filed, except on a question of law, from a decree in any suit of the courts of small causes, when the value of the subject matter of the suit is less than RS. 3000/-.
font style="font-family:Arial; font-size:12px"Furthermore, where a decree/ judgment is passed by a single judge of the High Court in second appeal, the said decree/ judgment is not appealable.