Explain the provisions of Appeal under Civil Procedure Code, 1908. What points are to be considered while drafting an appeal?

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2018
Explain the provisions of Appeal under Civil Procedure Code, 1908. What points are to be considered while drafting an appeal?

Answer & Explanation:

"Appeal" has not been defined in the Code of Civil Procedure, 1908 yet any application made by a party to an appellate forum asking it to set aside or revise a decision of a subordinate forum. A right of appeal is not a natural or inherent right but is a creature of a statute. It is the statute alone to which the Court must look to determine whether a right of appeal exists in a particular instance or not. The right of appeal is not a matter of procedure, but is a substantive right and can be taken away only by a subsequent enactment, if it says so expressly or by necessary intendment and not otherwise. An appeal may be divided into 3 parts: Formal part known as memorandum of appeal Material part or grounds of appeal Relief sought for The memorandum of appeal must contain the name of the court in which it is filled, the number of the appeal and year in which it is filled. Then follows the names and address of the parties concerned. Thereafter, the grounds of appeal may be listed out. While drafting the grounds of appeal, Grounds of objection should be written distinctly and specifically; They should be written concisely; They must not be framed in a narrative or argumentative form; and Each distinct objection should be stated in a separate ground and the grounds should be numbered consecutively. It is an established practice to mention in the memorandum of the appeal, the relief sought by the appellant. It may be signed by the appellant himself or by his counsel. If there are several appellants and no counsel, it need to be signed by all of them. It is not required to be verified.

Topics: Civil Procedure

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