Appeal Query

First civil appeal u/sec 96 cpc can be filed on both law and facts while second civil appeal u/sec 100 can only be filed on law before High Court.

An appeal is a constitution of proceedings. The appellate court can re-examine questions of fact and law and May even re-appreciate evidence. The powers of the first appellate court are co-extensive with those of the civil court of original jurisdiction. 

 First appeal may be filed on a question of fact or on a question of law or on a mixed question of fact and law may arise in a case

The judgment of the appellate court should state the points for determination, the decision thereon, the reasons fro the decision, and the relief to which the appellant is entitled. The appellate court should state its own reasons; thus it is not enough to say in the judgment, “I concur with the decision of the Munsiff has given on each point.' If this is done, the judgment will be set aside by the High court in second appeal. After the judgment is pronounced, the decree will be drawn up.

Section 96 of the Code gives appeal right to litigant to appeal from an original decree. Section 100 gives him appeal right to appeal from an appellate decree in certain cases. Section 109 gives him right to appeal to the Supreme Court in certain cases. Section 104 gives him right to appeal from orders as distinguished from decrees.

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