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Report No. 79

Chapter 8

First Appeals (Including Appeals from City Civil Courts) to High Courts

I. Matters Dealt with

8.1. Scope of the Chapter.-

We have so far considered the general question of appeal and appellate procedures; it will be convenient now to deal with particular types of appeals. We shall deal later with appeals under special Acts1 and with what have come to be known as Letters Patent Appeals.2 This Chapter will be mainly confined to first appeals that lie under the general provision in the Code of Civil Procedure3 to the High Courts. It will, however, be necessary to deal with certain connected questions.

In the first place, the matter that will engage our attention is the appellate machinery in City Civil Courts, these being courts that have been established under State or Central legislation, in Ahmedabad, Bombay and Calcutta, Hyderabad and Madras. In the second place, we shall also deal with the question whether first appeals should be admitted and heard by a single judge or by a division bench. Thirdly, certain points of procedure will also require attention, namely, summary dismissal of appeals.

1. Chapter 9, infra.

2. Chapter 11, infra.

3. Section 96, Code of Civil Procedure, 1908.

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