Section 96 CPC – Code of Civil Procedure – Appeal from original decree.

Section 96 CPC Description
(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 the Court authorized to hear appeals from the decisions of such Court.

(2) An appeal may lie from an original decree passed ex pane.

(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 Cause, when the amount or value of the subject-matter of the original suit does not exceed 2[ten thousand rupees].]

COMMENTS

(i) When an ex parte decree is passed the defendant has two clear options. One to file an appeal and another to file an application under O. 9, R. 13 to set aside the Order. Once application under O. 9, R. 13 is dismissed, he cannot by filing first appeal dispute the correctness of Order posting suit for ex parte hearing or show cause for his non-appearance; Bhanu Kumar Jain v. Archana Kumar, AIR 2005 SC 626.

(ii) The subsequent events in first and second appeals cannot be taken indiscriminately into account. It may be permitted to be taken into account by appellate court by means of amendment of pleadings, in Order to avoid multiplicity of proceedings but not where such amendment could cause prejudice to vested right of plaintiff and render him remedied; Shyam Sunder v. Ram Kumar, (2001) 8 SCC 24.

(iii) New plea relating to question of fact cannot be allowed to be raised for the first time before the Ist appellate court; K. Shivalingaiah v. B.V. Chandra Shekara Gowda, AIR 1993 Kant 29: 1992 (2) Kant LJ 536: ILR (Kar) (1992) 1996.

1. Ins. by Act No. 104 of 1976, sec. 33 (w.e.f. 1-2-1977).

2. Subs. by Act No. 46 of 1999, section 9 for “three thousand rupees” (w.e.f. 1-7-2002).

 

Leave a Reply

LexCliq

The Neuro Balance Therapy Reviews – Really Working And Customers Reviews Read!

Bring down your sodium admission by enhancing food varieties with spices and flavors, instead of salt. By involving new spices in all that from sandwiches to vegetables to eggs, you can amp up the flavor without the negative wellbeing impacts of sodium. Spices are easy to develop on your kitchen windowsill or patio and consequently, […]

Read More
LexCliq

Colon Broom Weight Loss Review – Fat Burning Foods Which Help Your Diet

Weight cut price supplement the ones Gummies advances sturdy digestion and ordinary weight reduction. When taken, they may help fat capacity through manner of method of invigorating the body to include located away fat as power. Exogenous ketones, or BHB salts, are otherwise referred to as BHB salts, and which means that in preference to […]

Read More
LexCliq

ACV Keto Apple Gummies

Product Name:— ACV Keto Apple Gummies Overall rating: —⭐⭐⭐⭐⭐ 5 out of 5 Unit Count:—30 Gummies per bottle Dosage:— As per directions on the bottle Precautions:— Keep out of reach of children Available Country:— United States Risks: — Only purchase from the official website Avoid purchasing from marketplaces like Amazon, eBay, etc. they may be fake Purchase […]

Read More