The Expression "APPEAL" has not been defined in the Code. According to dictionary meaning, "appeal" is " the judicial examination of the decision by a higher court of the decision of an inferior court." Stated simply, appeal is a proceeding by which the defeated party approaches a higher authority or court to have the decision of a lower authority or court reversed.
In Nagendra Nath Dey v. Suresh Chandra Dey, AIR 1932 PC 165 at p. 167 speaking for the Judicial Committee of Privy Council, Sir Dinsha Mulla stated:
"There is no definition of appeal in the Code of Civil Procedure, but their Lordships have no doubt that any application by a party to an appellate court, asking to set aside or reverse a decision of a subordinate court, is an appeal within the ordinary acceptation of the term." An appeal is thus a removal of a cause from the inferior court to a superior court for the purpose of testing the soundness of the decision of the inferior court. It is a remedy provided by law for getting the decree of the lower court set aside. In other words, it is a complaint made to the higher court that the decree passed by the lower court is unsound and wrong."
"It is a right of entering a superior court and invoking its aid and interposition to redress an error of the court below."Shankar Ramchandra v. Krishnaji Dattatrey, (1969) 2 SCC 74: AIR 1970 SC 1judis.nic.in/supremecourt/chejudis.asp
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