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Appeals Under Section 96 Essay

2393 words - 10 pages

APPEALS UNDER SECTION 96
(15IP61006)

An appeal is defined as an application or petition to higher Court for consideration of the
decision of the lower court. An appeal is a continuation of a suit. It is virtually, rehearing a
matter. It is an appeal proceeding for review to be carried out by higher authority of decision
given by lower one.1 An appeal is appeal creature of statute and right to appeal is neither an
inherent nor natural right. Section 96 of the Code gives appeal right to litigant to appeal from
an original decree. Section 100 gives him appeal right to appeal from an appellate decree in
certain cases. Section 109 gives him right to appeal to the Supreme Court in ...view middle of the document...

However, appeal person who is
not appeal party to the decree or order may prefer an appeal with leave of the court, if he is
bound or otherwise prejudicially affected by such decree or odder, as in such an eventuality
he may be said to be an “aggrieved person”.2 As soon as judgment is pronounced against
party, right to appeal arises. Right to appeal doesn’t arise when adverse decision is given, but
1
2

Sita Ram v. State of U.P. AIR 1979 SC 745
State of Punjab v. Amar Singh AIR 1974 SC 994

1

on the day suit is instituted i.e. proceedings commenced, right to appeal get conferred. Thus,
it can be said the Right to appeal is appeal substantive right vested in parties from the date
suit instituted.
The right to appeal can be waived by consent i.e. when both the parties decide mutually not
to appeal against a decree. It can also be waived by a legal and valid agreement and if a party
has accepted the benefits under the decree, he is stopped from challenging its legality. Also,
an appeal lies against a preliminary decree. Where on an adjudication the court decides the
rights of the parties with regard to all or any of them in controversy in a suit but does not
completely dispose of the suit, is called a preliminary decree – a decree before final decree is
passed.

Case laws on Appeals:

Santanu Kumar v Bairagi Charan Das AIR 1995 Ori 300:
The issue surrounding this case was whether the appellate court can review and reconsider
the evidence that have been scrutinized by the lower court? The plaintiff’s case explained that
their paternal grandmother Satchi Dasi, wife of Krushna, the common ancestor, purchased the
disputed lands. The defendant contended that property was the joint family property
inasmuch as this was purchased when the family members were living jointly and with a
view to maintain goodwill in the family. The lower Court found that there was no sufficient
nucleus out of which the property in question could have been purchased. The reasons in
arriving at such a conclusion are that, the joint family had only a little more than two acres of
land, there was no evidence with regard to the actual income of the family, parties were also
cultivating some lands of others on Bhag and, lastly, because of insufficient and inadequate
income for the maintenance of the family, Krushna was compelled to work outside for about
four to five months in a year. The lower appellate Court then reversed this finding and held
that the joint family had sufficient nucleus. It is a well-settled rule that a well-considered
finding of a trial Court should not be reversed by an appellate Court without any valid
ground. It is only when the question of probability of the story given by the witnesses clearly
indicated that the view taken by the trial judge is wrong, the appellate Court can reverse the
finding. It was held in the case, that the lower Court based its finding on appreciation of the
evidence of the witnesses. It...

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