Subordinate Court

The High Court has no power of revision under this section unless the case is decided by a Civil Court and, further, if it has been decided by a court 'subordinate' to the High Court. A Judge of a High court sitting alone does not constitute a court subordinate to the High Court, but performs a function directed to be performed by the High Court; therefore, no revision lies from his decision. While a single judge of the High Court is 'a court below' in relation to a bench hearing an appeal under the Letters Patent, he is not a 'Court Subordinate' to the High Court within this section.

                                      Apart from provisions for appeals and revisions, there are provisions in the Code of review of a judgement or decree. These are given in the circumstances which are provided in Section 114 and Order 47 of the Code which are:

(i) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred;

(ii) by a decree or order from which no appeal is allowed by this code; or

(iii) by a decision on a reference from a Court of Small Causes.

        The court's jurisdiction to review  is confined to the grounds as mentioned in Order 47 of the Code which are very limited, that is, on the ground of discovery of new and important matter or evidence, which, after the exercise of due diligence, was not within the knowledge of the party or could not produced by them at the time when the decree/order was passed or on account  of some mistake and error apparent on the face of record , as, for example if some Act or binding judgment of the higher court was not taken notice of, or some public document was ignored.

          Appeals to the Supreme  Court are also provided under Section 109 of the Code in the following cases. An appeal lies to the Supreme Court from any judgement, decree or final order in a civil proceeding of a High Court, if the High Court certifies:

(i) that the case involves a substantial question of law of general importance, and

(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.

               This provision is independent of provisions of Articles 132,133 and 136 of the Constitution of India.        

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Revision

The Civil Procedure Code (115) provides that the High Court may call for the record of any case which has been decided by any court subordinate to the High Court and in which no appeal lies  thereto and if such subordinate court appears:

(i) to have exercised a jurisdiction not vested in it by law, or

(ii) to have failed to exercise a jurisdiction so vested, or

(iii) to have acted in the exercise of its jurisdiction illegally or with material irregularity.

           The High Court may make such order in the case as it deems fit.

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No Further Appeal in the High Court (Section 100A CPC)

Where any appeal from an appellate decree or order is heard and decided by a single judge of a High Court, no further appeal lies from the judgment, decision or order of such single judge in such appeal or from any decree passed in such appeal. However, the aggrieved party can always approach the Supreme Court under Article136 of the Constitution of India.

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Appeals-Forums-Jurisdiction

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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Essentials of Appeal

Every appeal has three basic elements:

(i) A decision (usually a judgment of a court or the ruling of an administrative authority);

(ii) A person aggrieved (who is often, though not necessarily, a party to the original proceeding); and

(iii) A reviewing body ready and willing to entertain an appeal.

 

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Meaning of Appeal

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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Appeal (Civil)

Any person who feels aggrieved by any decree or order passed by the court may prefer an appeal in a superior court if an appeal is provided against that decree and order or may make an application for review and revision. In certain cases, a subordinate court may make a reference to High Court. The provisions relating to Appeals, Reference, Review and Revision may be summarised thus:

(A) Appeals.-          Sections 96 to 112 and Orders 41 to  45

                             First Appeals:  Sections 96 to 99-A, 107 and Order 41

                             Second Appeals: Sections 100-103,107,108 and Order 42

                             Appeals from Orders: Sections 104-108 and Order 43

                             Appeals by Indigent Persons: Order 44

                             Appeals to the Supreme Court: Sections 109,112 and Order 45

(B) Reference.-       Section  113 and Order 46

(C) Review.-            Section 114 and Order 47

(D) Revision.-          Section 115  

                            

 

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