Civil Procedure Code 1908 Lecture 35 | Where Can an Appeal Be Made?

Описание: Where Can an Appeal Be Made? – Lecture 35 | Code of Civil Procedure, 1908 | Appeal Jurisdiction Explained
Welcome to Lecture 35 in our CPC series! In this video, we answer the fundamental yet crucial question:"Where can an appeal be made under the Code of Civil Procedure, 1908?"

Understand the hierarchy of civil courts, appealable forums, and the exact provisions that govern jurisdiction of appellate courts.

🔍 In this lecture, you'll learn:

Where to file a first or second appeal

Appellate jurisdiction of District Court, High Court & Supreme Court

How to determine the appropriate forum for appeal

Hierarchy of Civil Courts under CPC

Case law examples and real-world scenarios

📚 Reference: CPC 1908 – Section 96, Section 100, and relevant appellate provisions🎯 Ideal For: Judiciary aspirants, law students (LLB, LLM), UPSC Law optional, and legal interns

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✅ Bonus: Interesting Facts for Engagement

⚖️ The right appellate forum depends on the value of the suit and the court that passed the decree.

🏛️ A decree passed by a subordinate judge may be appealed in the District Court, but in certain high-value cases, it goes directly to the High Court.

📈 Appeals to the Supreme Court (Article 133 of the Constitution) are possible only under very specific conditions involving substantial constitutional or legal questions.

✅ Follow-Up Menu – Explore More

A. Section 96 – First Appeal: When and Where?B. Section 100 – Second Appeal to High Court ExplainedC. Hierarchy of Civil Courts in India – Simple Chart & ExamplesD. Appealable vs Non-Appealable OrdersE. Practical Tips for Drafting an Appeal Petition

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Civil Procedure Code 1908 Lecture (CPC) is the key law governing the procedure for civil court proceedings in India. It provides the framework for filing, hearing, and resolving civil cases in Indian courts.

Structure of Civil Procedure Code 1908 Lecture (CPC), 1908
The Civil Procedure Code 1908 Lecture (CPC) is divided into two parts:
1.The Body of the Civil Procedure Code 1908 Lecture (CPC) – Contains 158 sections providing substantive procedural rules.
2. The First Schedule – Contains 51 Orders with detailed procedural rules for civil suits.

Important Provisions in Civil Procedure Code 1908 Lecture (CPC), 1908
1. Jurisdiction of Courts
Section 9 – Civil courts have jurisdiction to try all suits of a civil nature unless expressly or impliedly barred.
Section 15 to 20 – Rules for determining the place of suing.

2. Institution of Suit
Order I – Parties to suits.
Order II – Frame of suit.
Order IV – Institution of suits.

3. Pleadings and Proceedings
Order VI – Pleadings (Plaint and Written Statement).
Order VIII – Rules for the defendant's written statement.

4. Summons and Appearance
Order V – Issue and service of summons.
Order IX – Appearance of parties and consequences of non-appearance.

5. Trial and Judgment
Order X – Examination of parties.
Order XIV – Framing of issues.
Order XX – Judgment and decree.

6. Execution of Decrees
Section 36 to 74 – Rules for execution of decrees.
Order XXI – Detailed procedure for execution.

7. Appeals and Review
Section 96 – First appeal.
Section 100 – Second appeal.
Section 114 – Review of judgment.

8. Revision and Reference
Section 115 – High Court’s power of revision.

9. Temporary and Permanent Injunctions
Order XXXIX – Temporary injunctions and interlocutory orders.

10. Res Judicata and Res Sub Judice
Section 10 – Stay of suit (Res Sub Judice).
Section 11 – Bar on suits already decided (Res Judicata).

Key Features of Civil Procedure Code 1908 Lecture
1. Principle of Natural Justice – Ensures fair trial and hearing for all parties.
2. Comprehensive Appeal System – Allows multiple levels of appeals.
3. Doctrine of Res Judicata – Prevents re-litigation of the same matter.
4. Special Provisions for Pauper Suits – Allows poor litigants to file cases without court fees.



Recent Amendments & Reforms
Several amendments have been made to speed up civil litigation.
Special Fast Track Courts and Alternate Dispute Resolution (ADR) mechanisms are encouraged.



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