Appeal lies from:- o Original Decrees (including) Ex-parte Decree, o But not from consent Decrees; From Final Decrees (S.97):- o No Challenge to Preliminary Decree in Appeal against Final Decree; Powers of Appellate Court (S.107) • To determine case finally; • To remand a case; • To Frame Issues & refer for trial; • To Take or require to take additional evidence; Appeal is treated as a continuation of the suit Second Appeals • Second Appeal to High Court (S. 100);
• From original decree, First Appeal on
points of law and facts, and Second Appeal only on points of law before High Court, subject to power U/S. 103;
• No Second Appeal if Subject matter is
money upto RS. 25,000/-; Appeals From Orders (S. 104) Orders generally cannot be appealed against, excepting the Appealable ones; But no second appeal from Appealable Orders; Appeals From Orders Some Appealable Orders: (S. 104 & O. XLIII) • Allowing or refusing (i) temporary injunction, (ii) appointment of Receiver; • Allowing or Rejecting an application setting aside dismissal of a suit, or an exparte Decree; • Refusing to set aside abatement of a suit; • No second Appeal from an Order in Appeal under this section.[s.104(2)] Appeals to Supreme Court (S.109) • If High Court certifies involvement of a substantial question of law of general importance, and, • In its opinion, the question needs decision by Supreme Court; Supreme Court’s own powers U/Art. 136, or under SC Rules unaffected (S.112); Reference, Review & Revision (Part VIII) Reference (S.113):- By Trial Court to High Court- For opinion; Where validity of any Act, Ordinance or Regulation or its provision is doubtful; Case to be disposed off in conformity with decision of High Court (O.XLVII,R.3); Review & Revision Review:- Of Judgement in the same Court, within 30 days (S. 114 & O. O.XLVII); • Normally introduction of new matter / evidence not allowed;
Revision:- Before Superior Court within 90
days on jurisdictional irregularity (Ss. 115 & 115A); Effect of 2002 amendment has severely curtailed Revisional Jurisdiction; Suits by & against Minors / Persons of unsound mind
(O. XXXII C.P.C.)
Suits by/ against minors-I Minor – Person not having attained majority in terms of S. 3 of Indian Majority Act;
To sue by next friend – if plaintiff
(R.1); Defending Minor in a Suit-I Minor to be defended in a suit by a Guardian (R.3) :- Court to appoint Guardian;
Guardian to have no interest
adverse to minor; Any person may be appointed
Guardian by Court if there is no
declared Guardian or other natural Guardian for minor ; Defending Minor in a Suit-II Qualifications to be appointed Guardian for Suit (R. 4):- Person to be of sound mind; Must be a major; Has no interest adverse to minor’s interest ; Must give consent in writing; Court’s own an officer may be appointed if no one else is available, fit or willing to be Guardian; Limitations of the Guardian -I Barred from receiving money of minor (R.6):- o By way of compromise; o Under decree or order in favour of minor; o Court may permit Guardian / next friend to receive money / property subject to security; o No security required from manager of HUF or a minor’s parent; Limitations of the Guardian -II Barred from compromising suit (R. 7):- o Leave of Court to be obtained; o Affidavit and certificate required regarding minor’s benefit; o Court may examine truth regarding minor’s benefit; o Agreement / compromise made without Court's leave voidable; Limitations of the Guardian -III Guardian/next friend barred from retirement (R. 8):- o Procurement of another person necessary; Removal of next friend (R. 9):- o Where interest is adverse; o If closely connected with a defendant; o If does not do duty; o If leaves India etc. (1); o If authorised Guardian seeks to be himself appointed; When the child is a “man”-I Course by plaintiff on attaining majority (R. 12); Minor to elect himself; Next friend stands discharged after notification;
Repudiation by minor co-plaintiff (R. 13);
o Court may strike out minor co-plaintiff if found unnecessary; o May make him defendant if a necessary party; o Next friend / co-plaintiff and defendant to be notified; The child is a All the above “man”-II provisions Unreasonable or pertaining to improper Suit (R. 17):- minors apply o On attaining majority almost plaintiff may apply exactly to for dismissal on persons of above grounds; o Notice required upon unsound all; mind (R. 15);