Code of Civil Procedure Section 95. Compensation for obtaining arrest, attachment or injunction on insufficient ground.
APPEALS
APPEALS FROM ORIGINAL
DECREES
96. Appeal from original
decree.—(1) Save where otherwise expressly provided in the body
of this Code or by any other law for the time being in force, an appeal shall
lie from every decree passed by any Court exercising original jurisdiction to
the Court authorized to hear appeals from the decisions of such Court.
(2) An appeal may lie from
an original decree passed ex parte.
(3) No appeal shall lie from
a decree passed by the Court with the consent of parties.
1[(4)
No appeal shall lie, except on a question of law, from a decree in any suit of
the nature cognisable by Courts of Small Causes, when the amount or value of
the subject-matter of the original suit does not exceed 2[ten
thousand rupees.]]
Note 1. Ins. by Act 104 of
1976, s. 33 (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999,
s. 9, for “three thousand rupees” (w.e.f. 1-7-2002).
Part in Red is
original provisions from CPC reproduced here for reference.
Code of Civil Procedure Section
Section
96 provides for appeal, and the provision has been amended by 1999 Act that
appeal would lie only, provided there is a dispute of more than of Rs.10,000/-.
In the
First Appeal, it is permissible for the appellate court to re-examine and re-appreciate
the evidence. The right to institute the suit is an inherent right, but the
right of appeal is statutory.
It is
evident that the First Appellate Court must decide the appeal giving adherence
to the statutory provisions of Order XLI Rule 31 CPC.
Judgment:
In Delhi U.P. Madhya Pradesh Transport Co. V. New India Assurance Co., (2006) 9 SCC 213, the Apex Court held that regular first appeal should not be dismissed summarily without assigning proper reason.
More Reading:
Order XLI Rule 31. Contents, date and signature of judgment.
B.V. Nagesh & Anr. v. H.V. Sreenivasa Murthy
Reference:
http://www.nja.nic.in/16%20CPC.pdf
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