Free Judiciary Notes · CPC Notes
CPC Sec.96-115
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APPEALS FROM ORIGINAL DECREE
96. APPEAL FROM ORIGINAL DECREE—
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 Cause, when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.
Which provision of the Code of Civil Procedure 1908 deals with appeal from original decree?
a. Section 90
b. Section 96
c. Section 82
d. Section 98
Ans. (b)
Under section 96 of the C.P.C. an appeal can lie against the
a. preliminary decree
b. original decree
c. secondary decree
d. none of the above
Ans. (b)
"No appeal shall lie from a decree passed by the court with the consent of parties". It is provided—
a. Section 96(1) C.P.C.
b. Section 96(2) C.P.C.
c. Section 96(3) C.P.C.
d. Section 96(4) C.P.C.
Ans. (c)
Section 96(4) of the Code of Civil Procedure inserted by the Code of Civil Procedure (Amendment) Act,1976, bars:
a. appeal against consent decree
b. appeal in petty cases
c. appeal against final decree
d. appeal against findings
Ans. (b)
Point out the wrong statement:
a. Where-the defendant appears and the plaintiff does not appear, when the suit is called for hearing, the court shall dismiss the suit and the plaintiff shall be barred from filing a fresh suit on the same cause of action. —
b. No appeal may lie from an original decree passed ex parte.
c. The plaintiff may apply to, the court which passed an ex parte decree against him, for an order to set it aside.
d. No court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summon upon the defendant.
Ans. (b)
Which of the following statement is correct?
1. An appeal may lie from an original decree passed ex parte
2. No appeal shall lie from a decree passed by the Court with the consent of parties
3. No appeal shall lie on a question of law
a. Only (1)
b. Only (2)
c. Only (3)
d. Both (1) and (2)
Ans. (d)
97. APPEAL FROM FINAL DECREE WHERE NO APPEAL FROM PRELIMINARY DECREE—
Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.
98. DECISION WHERE APPEAL HEARD BY TWO OR MORE JUDGES—
1. Where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the majority (if any) of such Judges.
2. Where there is no such majority which concurs in a judgment varying or reversing the decree appealed from, such decree shall be confirmed.
Provided that where the Bench hearing the appeal is composed of two or other even number of Judges Belonging to a Court consisting of more Judges than those constituting the Bench and the Judges composing the Bench differ in opinion on a point of law, they may state the point of law upon which they differ and the appeal shall then be heard upon that point only by one or more of the other Judges, an such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard the appeal including those who first heard it.
3. Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters patent of any High Court.
99. NO DECREE TO BE REVERSED OR MODIFIED FOR ERROR OR IRREGULARITY NOT AFFECTING MERITS OR JURISDICTION—
No decree shall be reversed or substantially varied, nor shall any case be remanded in appeal on account of any misjoinder or non-joinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court.
Provided that nothing in this section shall apply to non-joinder of a necessary party.
99A. NO ORDER UNDER SECTION 47 TO BE REFUSED OR MODIFIED UNLESS DECISION OF THE CASE IS PREJUDICIALLY AFFECTED—
Without prejudice to the generality of the provisions of section 99, no order under section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision of the case.
100. SECOND APPEAL—
1. Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.
2. An appeal may lie under this section from an appellate decree passed ex parte.
3. In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
4. Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.
5. The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.
Second Appeal under section 100 of Civil Procedure Code lies before:
a. District Court
b. High Court
c. Supreme Court
d. Special Court
Ans. (b)
Essential condition provided under section 100(1) of C.P.C. for preferring second appeal is
a. Substantial question of fact
b. Substantial question of law
c. Error regarding jurisdiction
d. Subject matter of public importance
Ans. (b)
Which one of the following cases is on second appeal?
a. Madan Lai v. Bai Krishna
b. Sudhir G. Angur v. M. Sanjeev
c. Sheodan Singh v. Daryao Kunwar
d. Harshad Chiman Lai Modi v. D.L.F. Universal Ltd.
Ans. (a)
In second appeal the re-appreciation of evidence is:
a. Permissible
b. subject of revision
c. not permissible
d. none of these
Ans. (c)
Which one of the following is not included in the powers of the appellate court?
a. To determine the case finally
b. To try the case de novo
c. To remand the case
d. To take additional evidence
Ans. (b)
100A. NO FURTHER APPEAL IN CERTAIN CASES—
Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court, no further appeal shall lie from the judgment and decree of such single Judge.
Under section 100A of the CPC, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a High Court:
a. No further appeal shall lie from the judgement and decree of such single judge
b. Further appeal shall lie under the Letters Patent for the High Court
c. Further appeal shall lie with the leave of the Supreme Court Further appeal shall lie before the Division Bench of the High Court
d. None of the above
Ans. (a)
101. SECOND APPEAL ON NO OTHER GROUNDS—
No second appeal shall lie except on the ground mentioned in section 100.
102. NO SECOND APPEAL IN CERTAIN SUITS—
No second appeal shall lie in any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.
No second appeal shall lie from any decree when the subject-matter of the original suit is for recovery of money not exceeding:
a. Rs. 15,000
b. Rs. 20,000
c. Rs. 25,000
d. Rs. 30,000
Ans. (c)
103. POWER OF HIGH COURT TO DETERMINE ISSUE OF FACT—
In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,—
a. which has not been determined by the lower Appellate Court or both by the Court of first instance and the lower Appellate Court, or
b. which has been wrongly determined by such Court or Courts by reason of a decision on such question of law as is referred to in section 100.
104. ORDERS FROM WHICH APPEAL LIES—
1. An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders: —
(ff) an order under section 35A;
(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;
(g) an order under section 95;
(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of a person except where such arrest or detention is in execution of a decree;
(i) any order made under rules from which an appeal is expressly allowed by rules;
Provided that not appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.
1. No appeal shall lie from any order passed in appeal under this section.
Under Section 104 of the Code of Civil Procedure an appeal can be preferred against
a. an order under Section 91 to refuse permission to institute suit
b. an order under Section 95 for compensation
c. an order under Section 92 :
d. All of the above
Ans. (d)
Which of the following orders cannot be appealed against under Code of Civil Procedure?
a. An order to set aside the dismissal of a suit.
b. An order to set aside the decree passed ex parte.
c. An order for grant of temporary injunction.
d. None of these.
Ans. (d)
105. OTHER ORDERS—
1. Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction; but, where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as ground of objection in the memorandum of appeal.
2. Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of remand from which an appeal lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness.
106. WHAT COURTS TO HEAR APPEALS—
Where an appeal from any order is allowed, it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.
GENERAL PROVISIONS RELATING TO APPEALS
107. POWERS OF APPELLATE COURT—
1. Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power—
a. to determine a case finally
b. to remand a case;
c. to frame issues and refer them for trial;
d. to take additional evidence or to require such evidence to be taken.
2. Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.
108. PROCEDURE IN APPEALS FROM APPELLATE DECREES AND ORDERS—
The provisions of this Part relating to appeals from original decree shall, so far as may be, apply to appeals—
a. from appellate decrees, and
b. from orders made under this Code or under any special or local law in which a different procedure is not provided.
APPEALS TO THE SUPREME COURT
109. WHEN APPEALS LIE TO THE SUPREME COURT—
Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies—
i. that the case involves a substantial question of law of general importance; and
ii. that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
110.Value of subject matters
Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973).
111. Bar of certain appeals
Rep. by the A.O. 1950.
111A. Appeals to Federal Court
Rep. by the Federal Court Act, 1941 (21 of 1941).
112. SAVINGS—
1. Nothing contained in this Code shall be deemed—
a. to affect the powers of the Supreme Court under article 136 or any other provision of the Constitution, or
b. to interfere with any rules made by the Supreme Court, and for the time being in force, for the presentation of appeals to that Court, or their conduct before that Court.
2. Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty jurisdiction or to appeals from orders and decrees of Prize Courts.
113- REFERENCE TO HIGH COURT.
Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit.
Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.
EXPLANATION.
In this section, "Regulation" means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act,1897, (10 of 1897) or in the General Clauses Act of a State.
Who may apply for reference under Section 113 of the Code of Civil Procedure 1908
a. A party to suit
b. Court
c. Both (a) and (b)
d. None of the above
Ans. (b)
'Reference' under the Code of Civil Procedure may be made to:
a. the Supreme Court
b. the High Court
c. the District Judge
d. none of the above
Ans. (b)
114. REVIEW
Subject as aforesaid, any person considering himself aggrieved—
a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.
b) by a decree or order from which no appeal is allowed by this Code, or
c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Under which of the following circumstances, review of judgment may not lie?
a. By a decree or order from which an appeal is allowed by this code, but from which no appeal has been preferred
b. By a decree or order from which no appeal is allowed by this code
c. By a decision on a reference from a court a small causes
d. Appeal dismissed
Ans. (d)
An application can be filed for review of a judgment if
a. If the judgment is erroneous
b. If there is error apparent on the face of the record
c. If the matter is important and requires rehearing
d. None of the above
Ans. (b)
Review is maintainable
a. When an appeal is provided, but no appeal preferred
b. When no appeal is provided
c. Both (a) & (b)
d. Neither (a) nor (b)
Ans. (c)
115. REVISION
1. The High court may call for the record of any case which has been decided by any court subordinate to such High court and in which no appeal lies thereto, and if such subordinate court appears—
a. to have exercised a jurisdiction not vested in it by law, or
b. to have failed to exercise a jurisdiction so vested, or
c. to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit:
Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings.
2. The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.
3. A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.
EXPLANATION—
In this section, the expression "any case which has been decided" includes any order made, or any order deciding an issue in the course of a suit or other proceeding.
Under Section 115 of CPC, the High Court has the power of:
a. Revision
b. Review
c. Reference
d. Vary or reverse any order whatsoever
Ans. (a)
Section 115 of the Code of Civil Procedure applies to:
a. non-exercise of jurisdiction vested in a court
b. irregular exercise of jurisdiction vested in the court
c. exercise of jurisdiction not vested in a court
d. all of the above
Ans. (d)
The nature of Revision under Code of Civil Procedure is that
a. it operates as a stay of the proceedings
b. it operates as a stay of a suit.
c. it operates as a stay of proceedings and suit both.
d. it shall not operate as a stay of the suit or proceedings except where such suit or proceedings is stayed by the High Court.
Ans. (d)
Which of the following is correct:
a. Section113 Review, Section 114 Revision, Section 115 Reference of the CPC
b. Section 113 Reference, Section 114 Review, Section 115 Revision of the CPC
c. Section 113 Reference, Section 114 Revision, Section 115 Review of the CPC
d. None of the above
Ans. (b)