Appeals, Reference, Review and Revision in Civil Procedure Code, Summaries of Law

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Appeal,

Reference,

Review &

Revision

(Parts VII & VIII C.P.C.)

Appeals (Part VII)

From Original Decrees (S.96):-

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;

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 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);

ReferenceReference ,, Review & RevisionReview & Revision

(Part VIII) (Part VIII)

Reference (S.113):- Reference (S.113):-

By Trial Court to High Court- By Trial Court to High Court-

 For opinion;For opinion;

 Where validity of any Act, Ordinance orWhere validity of any Act, Ordinance or

Regulation or its provision is doubtful; Regulation or its provision is doubtful;

 Case to be disposed off in conformityCase to be disposed off in conformity

with decision of High Court with decision of High Court

(O.XLVII,R.3); (O.XLVII,R.3);

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-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 -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;