meanings of terms

Querist : Anonymous (Querist) 23 March 2010 This query is : Resolved
please tell me the difference between writ appeal, first appeal and second appeal.

please also tell the difference between civil miscellaneous appeal and civil revision petiton.

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N RAMESH. (Expert) 23 March 2010
Writ appeal is an appeal preferred against order in writ petition.

Writ jurisdiction (Art.226) is exercised only by the High court and normally writ appeal lies before division bench.

(there are some exceptions and explanations and not required in this simple answer)

First appeal and second appeal as its name reveals, are two stages appeal preferred against judgment rendered in civil proceedings.

Parveen Kr. Aggarwal (Expert) 23 March 2010
Civil Miscellaneous Appeal is an appeal from any interlocutory order passed in civil proceedings (other than final Judgment) and Civil Revision Petition is a petition filed either under section 115 of the Code of Civil Procedure or under section 227 of the Constitution of India.

Civil Miscellaneous Appeal arises from an appealable order either under section 104 of the Code of Civil Procedure, 1908 or under Order 43, Rule 1 of the Code of Civil Procedure, 1908 whereas a Civil Revision can be filed only against an order which cannot be challenged in appeal.

O. Mahalakshmi (Expert) 29 March 2010
Mr Ramesh and Parveen Kumar correct.

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