The judicial process in india completely depends upon the “Judicial Mind” and Judicial

Reasoning” to decide any dispute brought in front of a court of law. This application of mind is
made by a judge, who hears the case. A judge, though trained to decide such disputes while
applying the correct and apt laws, is but a human. Since the whole judicial system depends on
human beings, it is not immune to mistakes and errors. These errors can only be corrected and
checked by allowing the parties of a case to appeal the decisions of a court.

Under the Code of Civil Procedure, there are 4 classes f appeals which have been provided,
they are:
1. Appeals from the original Decrees (first appeal);
2. Appeals from appellate decrees (second appeal);
3. Appeals from orders;
4. Appeals to the Supreme Court.

1. APPEAL FROM THE ORIGINAL DECREE (FIRST APPEAL)

Section 96 of the Code of Civil Procedures provides that the first way of challenging the
decree, passed by a court exercising the original jurisdiction, is done by filing an appeal
in the court ‘authorized to hear appeals’ from the decisions of such court. It also provides
that an appeal may lie from an original decree passed ex parte i.e. without hearing the
other party. No appeal will lie from a decree passed by the Court with consent of parties.

This is known as “First Appeal”. It is permissible for the appellate court to re-examine
and re-appreciate the evidence, the first appeal. The right to institute the suit is an
inherent right, but the right of appeal is statutory. (Baldev Singh v. Surendra Mohan
Sharma, AIR 2003 SC 225)

2. APPEAL FROM APPELLATE DECREES (SECOND APPEAL)

Sections 100-103 and 108 of the Code of Civil Procedure deal with the second appeal.
This part of the code deals with the appeal from “appellate decrees” unlike from original
decree. It is an appeal filed against the order of an appellate court. Section 100 provides
that an appeal shall lie to the High Court from every decree passed by any Court
subordinate to the High Court if the High Court is satisfied that there is a substantial
question of law. It must be noted that second appeal only lies on the substantial question
of law, not a question on the facts of the original case.

In State Bank of India & Ors. v. S.N. Goyal, AIR 2008 SC 2594, the Supreme Court
explained the term ‘substantial question of law’, by observing that, “The word
‘substantial’ prefixed to ‘question of law’ does not refer to the stakes involved in the
case, nor intended to refer only to questions of law of general importance, but refers to
impact or effect of the question of law on the decision in the lies between the
parties.Substantial question of law’ means not only substantial questions of law of
general importance but also the substantial question of law arising in a case as between
the parties. ….. Any question of law which affects the final decision in a case is a
substantial question of law as between the parties. A question of law which arises
 incidentally or collaterally, having no bearing on the final outcome, will not be a
substantial question of law.”

The high now has jurisdiction only on those appeals which involve a substantial question
of law set out in the memorandum of appeal and formulated by the High Court.

3. Appeals From Orders

It is a general rule created under the Code that only decrees are appealable and orders
are non-appealable. However, there can be circumstances where an order can largely
affect the rights of the parties to a suit and therefore, Section 104 was enacted to
provide a list of orders from which an appeal lies.

4. Appeals to the Supreme Court

Article 132 provides for an appeal to the Supreme Court of any judgement, order or
decree from civil or criminal cases or any other proceedings. Supreme Court is the
topmost forum in the hierarchy of the Court. It is primarily the Court of appeal. It is the
highest forum for appeal in the country. The power of appellate jurisdiction is given to the
Supreme Court, by the Indian Constitution under Article 132, 133, 134, 134A, and the
process is done by and under Order XLV Rule 2 of the Code of Civil Procedure, 1908.