 |
 |
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Civil Litigation and Others > Procedure For Filing A Suit/Case |
|
|
|
 |
 |
| Appeal, Reference and Review |
|
|
Please Login to view further pages.
When an order is passed against a party to the suit, it is not that it has no further remedy.
Such party can further initiate the proceedings, by way of:
- Appeal,
- Reference, or
-
Review.
In brief, the technicalities and difference between these are as follows:
APPEAL
APPEAL FROM ORIGINAL DECREES
| (Sec.96)- |
In general, an appeal lies from any decree passed by the court. |
| (Sec 96) |
In cases, where the value of suit does not exceed Rs.10, 000 An appeal can be filed only on a question of law. |
| (Sec.96) |
When a decree has been passed against the Defendant as "Ex-Parte", i.e. without his appearance, no appeal is allowed |
| (Sec.96) |
When an appeal is headed by two or more judges, then the
majority decision shall prevail. |
|
In case there is no majority, then the decree of lower court
shall be confirmed. |
|
In case, the number of judges in the court, where appeal is filed is more, than the number of judges hearing the appeal, then if there is a dispute on a point of law, such dispute can be referred to one or more judges. |
PROCEDURE FOR APPEAL FROM ORIGINAL DECREES ( ORDER 41)
- The appeal shall be filed in the form prescribed, singed by the appellant, alongwith a true certified copy of the order.
- The appeal shall contain the grounds of objection under distinct heads, and such grounds shall be numbered consecutively.
- If the appeal is against a decree for payment of money, the court may require the appellant to deposit the disputed amount or furnish any other security.
- A ground/objection which has not been mentioned in the appeal, cannot be taken up for arguments, without the permission of court.
- Similarly any point of act which was not taken up y the Appellant, in lower court, cannot be taken up in appeal lies only against only those points which have been decided by the court rightly or wrongly.
|
|
|
|
|
|
|
 |
 |
|
 |
 |
|
|
|
|
|
| Personal Phone Legal conference |
Discuss your legal concerns from anywhere in the world in person, on phone
Click here for appointment |
|
| Property / Real Estate |
Legal verified real estate. Choose from our list of properties with clear title.
Search property |
|
|
|
|
|
|
|
|
