Appeal: Definition and Meaning

Usually, any dispute or case first filed in a lower court (if it is civil matter, then in civil court and if it is criminal matter, then in sessions court) and once it is decided by the lower court, then either of the parties (it could be winning party or losing party), if not satisfied (with the decision of the lower court), then he/she can appeal in the higher court against the judgement of the lower court.

What is meaning of Appeal?

Appeal is a term used to explain a process of moving the case from the lower court to the higher court for the purpose of reviewing and checking the correctness of the lower court's decision. An appeal in legal parlance is understood as the transfer of a case from a lower or lower level to a higher court for examination and review of dis-satisfactory decisions. In Shankar V. Krishnaji, it is said that the right of appeal is to go to a higher court and ask for the review and intervention of that court to correct the fault of the lower court. However, the principle of consolidation of lower court orders shall not be affected or rendered inapplicable by the difference between a request for reconsideration and an appeal.

Article 96 of the Civil Procedure Code

Appeal the original ordinance −

• An appeal can be filed against an original decree issued ex parte.

• No appeal may be made against a decree made by the Court without the consent of the parties.

• No claim, except in matters of law, shall be against an order of the board in any small court action in which the quantity or value of the subject matter of the original action head does not exceed ten thousand rupees.

Article 96 provides for appeals against the original decree. But no appeal can be made against a decree passed by the court without the consent of the parties. It is a precious right, and both sides have a right to be heard. The right to appeal must exist under specific provisions of a statute or under rules of force.

Types of Appeal
First Appeal	lies against original decrees
Second Appeal	lies against decree of the appellate court
Third Appeal	Appeal to the Supreme Court
Other Appeals	Appeals from order Appeal by indigent persons

Scope of Article 96

It sets out some key rules regarding appeals against the original ordinances, as follows −

• The appeal could even be an out-of-court decree.

• But no appeal can be made against a consent decree. No appeal may be made against an order in any suit that may be heard in a small-reason court except on a question of law and the merits of the subject matter of the case. does not initially exceed R. 3000.

• Article 96 can only be appealed from a decree and not from a simple finding. Section 104 of the Code deals with appeals of orders.

In Zair Hussain Khan v. Khurshed Jan, the Allahabad High Court held that the general principle of the law is that the right of appeal shall not be admissible in any matter within the jurisdiction of the court. This right must be conferred by law or by a competent authority equivalent to the law.

Right to Appeal

At Anant Mills Ltd., compared with Gujarat State, it has been satisfactorily resolved that an appeal is a creation of the law and there is no right to appeal unless expressly and explicitly provided for by law. An appeal is sometimes a matter of law; sometimes it depends on the decision of the court where such an appeal is made.

Likewise,

• Appeal is not a natural or inherent right but rather it is a statutory right and it can be conditional or qualified.

• It is applicable only when a statute confers it.

• While a suit creates a cause, an appeal reviews and corrects the proceedings in a cause already constituted.

What is the Purpose of Appeal?

The purpose behind having the provision of appeal is – primarily, to give another chance to aggrieved party to be heard. Secondly, it also gives chance judiciary to correct its mistake, if there is any. Moreover, right to appeal is a universal requirement because all men are fallible and judges are also human beings and may commit a mistake.

Who can Appeal?

Section 96 of the code provides for the right to appeal an order made by any court exercising original jurisdiction. It does not mention or list who can appeal.

But before you can appeal, two conditions must be met −

• The object of the appeal must be a decree, i.e., the final judgment on the rights of the parties to all or part of the disputed issue in the case.

• The appellant must have been very upset by this decision.

In Adi Pherozshah Gandhi V. HMSeervai, it is argued that the test of whether a person is an upset person or whether he is truly disgruntled because an order has been given that affects his interests (his property, or anything else) or not, appeal can be filed by one person against another claimant.

Generally, a claimant cannot appeal against a co-plaintiff, but if the subject matter in the case is a dispute between the plaintiffs, the plaintiff can bring an appeal against another. This took place at Vithu V. Bhima.

Essentials of Appeal
Presence of a valid decree or an order (against which party wants to appeal)
An aggrieved party/person
A reviewing body
It must be within the limitation period

Defendant's Appeal Against Another Defendant

The same principle that applies to an appeal by one plaintiff against another also applies to a defendant's appeal against another defendant. Only when the dispute is not only between the claimant and the respondent but also between the defendants, and such a decision adversely affects one respondent against the other, is the remedy competent. No recourse can be brought against a deceased person. Therefore, such an Appeal can be considered stillborn. In such cases, a request may be made to replace the deceased defendant's legal representative, who died prior to the filing of the appeal.

Appeal Conditions

For an Appeal to be declared valid, the following conditions must be met −

• It must be in the form of memory.

• It must be signed by the appellant or his litigants. It must be returned to the court or to an authorized officer.

• The minutes must be accompanied by a certified copy of the judgment.

What did Happen after Appeal?

Once appeal is filed in the higher court; following are the possibilities −

• Higher court may dismiss the appeal on its merit and thus upheld the order or the lower court;

• Higher court may reverse the order;

• Higher court may modify the order; or

Conclusion

Appeal is one of the indispensable provisions of procedural law of Indian Legal System that gives another chance to aggrieved or dis-satisfied party to get justice; especially, in a condition, when he or she believes that his rights and interests are ignored or compromised. Secondly, it also gives chance to judicial system to correct its mistake – if there is any.

Likewise, the powers of the appellate court are mentioned in Article 107 of the Civil Procedure Code, which states that the appellate court has the same rights as those conferred on the original court. If the trial court can finally decide a case, the appellate court may also, pursuant to subdivision (a) of section 107(1) of the code, determine that the final case has been adjudicated in the State of Punajb V. Bakshis Singh.

Frequently Asked Questions

What is a legal appeal?

Appeal is a procedure of civil procedure code or criminal procedure code, which defines a process of going to a superior court to review a decision of a lower court or to a court to review an administrative order.

What is an appeal under CPC?

An appeal is a judicial process of reviewing the decision of a lower court by a higher court, i.e., filing the case in the higher court to test the validity of the decision of the lower court. There is no formal definition of "Appeal" in CPC 1908.

What is the process for the first appeal?

First appeal against a court order exercising the right of first instance. The first appeal, that is, the appeal against the original decree, is filed under Article 96 of the Civil Procedure Code.