In what respect, if any, pleadings in the memorandum of appeals under sections 96 to 99, Order XLI, sections 100 to 103, 104 to 106, Order XLIII, Rules 1 and 2 and Appeals to Supreme Court under the Code of Civil Procedu

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2015
In what respect, if any, pleadings in the memorandum of appeals under sections 96 to 99, Order XLI, sections 100 to 103, 104 to 106, Order XLIII, Rules 1 and 2 and Appeals to Supreme Court under the Code of Civil Procedure, 1908, differ from the pleadings in appeals under Articles 132(1), 133 and 134 of the Constitution of India.

Answer & Explanation:

The Code of Civil Procedure, 1908 provides the following appeals: Appeals from original decrees (Sections 96 to 99 and Order XLI) may be preferred from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear appeals from the decisions of such Court on points of law as well as on facts. Second Appeals (Sections 100 to 103) lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. Appeals from Orders under Sections 104 to 106 would lie only on grounds of defect or irregularity of law pertaining to (a) An Order under Section 35A of the Code allowing special costs; (b) An Order under Section 91 or Section 92 refusing leave to institute a suit; (c) An Order under Section 95 for compensation for obtaining arrest, attachment or injunction on insufficient ground; (d) An Order under the Code imposing a fine or directing the detention or arrest of any person except in execution of a decree; and (e) Appealable Orders as set out under Order XLIII, Rule 1and Rule 2. Constitution of India provides the following of appeals: Article 132(1) of the Constitution provides that an appeal shall lie to the Supreme Court from any judgement, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceedings, if the High Court certifies under Article 134A that the case involves a substantial question of law as to interpretation of the Constitution. Article 133 deals with appeals to the Supreme Court from decisions of High Court in civil proceedings. A limited criminal appellate jurisdiction is conferred upon the Supreme Court by Article 134. It is limited in the sense that the Supreme Court has been constituted a Court of criminal appeal in exceptional cases where the demand of justice requires interference by the highest Court of the land.

Topics: Appeals and Pleadings

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