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Report No. 79

8. First appeals (including appeals from City Civil Courts) to High Courts

(53) Where the final hearing of an appeal is to be before a Division Bench, it should for admission also, be placed before a Division Bench.1

(54) Regular first appeals should be placed before a Division Bench for admission, hearing and disposal.2

(55) Decisions of a single judge on appeal should not be appealable to a Division Bench.3

(56) The structure and composition of City Civil Courts and the forum of appeal from their judgments, vary from State to State. In some States, there is provision for appeal from a judge of the City Civil Court to the Principal Judge or Chief Judge.

(57) No change in this respect is recommended. Local Legislation can deal with the matter, if necessary.4

(58) Dismissal of a regular first appeal in the High Court at the preliminary stage should be accompanied by brief reasons.5-6

1. Paras. 8.1 and 8.2.

2. Para. 8.3.

3. Para. 8.4.

4. Paras. 8.5 to 8.10.

5. Order 41, rule 11, C.P.C.

6. Paras. 8.11 and 8.12.

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