Practice area

Regular first appeals and second appeals

Appeals against decrees of civil courts under Sections 96 and 100 of the Code of Civil Procedure, for appellants and respondents.

Decrees of civil courts can be challenged before the High Court. A regular first appeal under Section 96 of the Code of Civil Procedure allows the appellate court to re-examine facts and law. A second appeal under Section 100 is limited to a substantial question of law.

What this work involves

• Advising on whether a decree is appealable, and under which provision
• Drafting the memorandum of appeal, grounds, and an application to condone delay where necessary
• First appeals against decrees in suits on property, contracts, money claims and injunctions
• Second appeals, framing a real substantial question of law
• Applications for stay of execution and for permission to deposit or furnish security
• Applications to bring additional evidence on appeal
• Opposing appeals for decree-holders

Time limits

Appeals to the High Court from a decree are governed by the Limitation Act, 1963, which provides a longer period for appeals to the High Court than for appeals to lower appellate courts. Certified copies and the record should be arranged immediately.

Frequently asked questions

Does an appeal automatically stop the execution of a decree?

No. A stay of execution must be applied for, and the Court may impose conditions such as deposit of the decretal amount.

Can I raise new evidence in a first appeal?

Only in limited situations, by an application showing why the evidence is needed and why it was not produced earlier.

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