CPC Section 96 — Appeal from original decree

Civil

Summary

A person who loses a case in a trial court can usually challenge that decision by filing an appeal in the higher court that is allowed to hear appeals from that trial court. An appeal is also allowed even if the original decision was made without the other side being present, which is called an ex parte decree. However, no appeal is allowed if both sides agreed to the decision made by the court. Also, if the case is the type normally handled by a Small Causes Court and the amount of money or value of the property involved is ten thousand rupees or less, an appeal is only allowed on a question of law, not on the facts.

Official Text

(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.

(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.