Appeals
The power of appeal is given to Senior Sub-Judges of the first class in the following instances:
(i) from the decree and order of the Small Causes Court of a value exceeding RS. 10,000 and in case of lesser amount only on the ground of involvement of Substantial Question of Law.
(ii) in land suits where the value of the suit does not exceed Rs 250; while hearing the appeal, the court of such senior Sub-Judges is regarded as a District Court for the purpose of the appeal. A second appeal from such appellate orders, however lies only to the High Court. Section 102 of CPC bars the second appeal in case of suit for recovery of money up to the valuation of Rs 25,000.
In all other cases, appeals from all decrees and orders of the subordinate courts usually lie to the District Court. In some states, the appeal up to a particular amount lies to the District Court (In Bihar apart from the Munsif Court, up to about Rs 2 and 50,000 of the Sub-Judge as notified by the Patna High Court) and if the amount is in excess of what is stipulated, the appeal lies directly to the High Court as a regular first appeal. The appeals from the Senior Sub-Judge, first class, lie to the High Court. Similarly, appeals from original orders and judgements of the District Courts and the Additional District Courts lie to the High Court.
Second appeals also lie from the order/judgements of the District of the District Court to the High Court; if the High Court is satisfied that (a) the case involves a substantial question of law and (b) it is from an appellate decree passed ex parte.
The Memorandum of Appeal should be precise in stating the substantial question of law involved in the appeal. It is only where the High Court is satisfied at the stage of admission that a substantial question of law is involved that it will admit the second appeal.
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