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.
|
No comments:
Post a Comment