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3/18/19

Difference between First Appeal and Second Appeal under CPC 1908

    Difference between First Appeal and Second Appeal under CPC 1908



  In this article, we will discuss the difference between the First Appeal and Second Appeal under CPC 1908.



Sr. no.
First appeal
Second appeal



1.
Sections 96 to 99-A, 107 and Order 41 deal with First appeal,
Section 100 to 103 and Order 42 deal with Second Appeal,



2.
A first appeal lies against a decree passed by a court exercising original jurisdiction,
A second appeal lies against a decree passed by a first appellate court,



3.
The first appeal can be admitted on the grounds  of question of fact, and question of law, or on a mixed question of fact and law,
The second appeal can only be admitted only on the point of ‘substantial question of law’.



4.
The first appeal can be entertained by a subordinate Court which may or may not be a High Court,
The second appeal can only be entertained  by the High Court,



5.
The Memorandum of first appeal must set out the grounds of objections to the decree appealed from.
It needs not set out the grounds of objections to the decree appealed from.





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