Appeal

uh-PEEL Latin 'appellare': to address, call upon, appeal to

Definition

A proceeding by which a party aggrieved by a decree or order of a lower court seeks its reversal, modification, or setting aside by a higher court.

Detailed Explanation

An appeal is a continuation of the original proceeding wherein the appellate court re-examines the case to determine whether the lower court's decision was correct in law and fact. The right to appeal is a statutory right and exists only when expressly conferred by statute. There is no inherent right of appeal.

Under the Code of Civil Procedure, appeals lie to the High Court from decrees of subordinate courts (Section 96) and to the Supreme Court from High Court judgments under Article 133 or by special leave under Article 136 of the Constitution. First appeals on facts and law are heard under Section 96, while second appeals to the High Court under Section 100 lie only on substantial questions of law.

The appellate court can re-appreciate evidence, draw its own conclusions, and reverse or modify the decree. However, in second appeals, the scope is limited to substantial questions of law. The appeal must be filed within the limitation period prescribed under the Limitation Act, 1963 (90 days for first appeal, 90 days for second appeal from the date of decree/order).

Essential Elements

1 Existence of an appealable decree or order
2 Party must be aggrieved by the decision
3 Statutory right to appeal must exist
4 Appeal filed within limitation period
5 Filed before the appropriate appellate court
6 Proper court fees paid

Leading Cases

Kondiba Dagadu Kadam v. Savitribai Sopan Gujar

1999

(1999) 3 SCC 722

Relevance: Explained the scope and powers of first appellate court

Santosh Hazari v. Purushottam Tiwari

2001

(2001) 3 SCC 179

Relevance: Laid down principles for determining substantial question of law in second appeals

Hero Vinoth v. Seshammal

2006

(2006) 5 SCC 545

Relevance: Discussed the duty of first appellate court to re-appreciate evidence

Usage Example

"Being aggrieved by the trial court's decree dismissing his suit, the plaintiff filed a first appeal before the High Court under Section 96 of CPC."

Synonyms

appellate proceeding appeal proceeding challenge to judgment

Find How "Appeal" Is Applied

Search through thousands of Supreme Court and High Court judgments to see how this term is applied in actual cases.

Search in LexGyan