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 certain cases.
Section 104 gives him right to appeal from orders as distinguished from decrees. As per Section 2(2), a decree is the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. It can be final or preliminary. Section 96 gives the right to appeal against any right or liability so determined by a court in the final adjudication of the suit. To appeal under this Section, two conditions need to be satisfied:
1. Subject matter of an appeal must be a decree.
2. Party appealing must have been adversely affected by such determination.
Section 96 makes it clear that no appeal lies from appeal decree passed by the Court with the consent of the parties. However, an appeal may lie from an original decree which is passed ex-parte i.e. without hearing of the parties. No appeal lies against the decree passed by small cause court, if the value of the subject-matter does not exceed Rs.10000 except on appeal question of law. Ordinarily, only appeal party to the suit adversely affected by appeal decree or any of his representatives