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Section 96 (CPC)

APPEAL FROM ORIGINAL DECREE

 

Provision regarding production of certified copy of the decree sheet along with memo of appeal to be mandatory and the appeal unaccompanied with the certified copy of the decree sheet not to be properly

 

 

Appeal was continuation of original proceedings--Memo of appeal was not required to be signed by appellant, but his counsel could file same under his signature---When a person having signed memo of

 

 

Two remedies against an ex parte decree to the aggrieved party, one under S.96 of C.P.C. and the other by application under O.IX, R.13, C.P.C. are concurrent in nature, however time spent in prosecuting

 

 

Subsequent vendee had not raised such objection either in his written statement or appeals before first and second Appellate Courts---Issue framed by Trial Court as to whether vendor had agreed to sell

 

 

Scope---Appellate Court could take a second look at all legal and factual aspects of a case---Appellate Court not only could, but required to reappraise evidence and reach thereby to its own conclusion

 

 

Appellate Court could reverse findings of Trial Court only after analyzing evidence on record by pointing out any misreading or non-reading or misappreciation of evidence by Trial Court in violation of

 

 

Scope---Such appeal or revision would not be barred, where either Trial Court had no jurisdiction over subject-matter of dispute or strict requirement of O.XXIII, R.3, C.P.C. had not been satisfied or

 

 

Appeal in such case could not be disposed of by writing one sentence of approving impugned judgment.

 

 

Appeal and revision---Powers of Appellate Court and Revisional Court---Distinction stated.
 
 

 

Appellate court is the final Court of fact and appeal is continuity of original proceedings before superior Tribunal.
 
 
Site Last Updated: 1st September 2014