Section 96 of The Code of Civil Procedure, 1908
Appeal from original decree.
- (1)Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.
- (2)An appeal may lie from an original decree passed ex parte.
- (3)No appeal shall lie from a decree passed by the Court with the consent of parties. 1[(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed 2 [ten thousand rupees.]]
Summary
- Grants a right of appeal to a higher court against every original decree.
- Permits appeals from decrees that were passed ex parte, or when the defendant was absent.
- Prohibits appeals if the decree was passed with the consent of both parties.
- Restricts appeals in small value cases to questions of law only.
- Sets a ten thousand rupee threshold for legal questions in Small Cause suits.
Practical examples
FAQ
1. Can you appeal a consent decree under Section 96 of The Code of Civil Procedure, 1908?
No, Section 96 of the 1908 Code specifically bars appeals from decrees passed with the consent of the parties.
2. Is there a right to appeal an ex parte decree under the 1908 Act?
Yes, Section 96 of The Code of Civil Procedure, 1908 allows an appeal from an original decree passed ex parte.
3. What is the rule for appeals in Small Cause suits under Section 96?
If the value is under ten thousand rupees, an appeal only lies on a question of law.
Test yourself
1.Under Section 96 of The Code of Civil Procedure, 1908, an appeal is generally allowed from which of the following?
2.According to Section 96 of The Code of Civil Procedure, 1908, when is an appeal from a Small Cause type suit limited to a question of law?
3.Under Section 96 of The Code of Civil Procedure, 1908, where does an appeal from a decree usually lie?
4.Which type of decree is specifically barred from appeal under Section 96 of The Code of Civil Procedure, 1908?