BBA LLB CO.

LAW

SEMESTER VI
(2020-21)

PROJECT
FOR
CIVIL.PROCEDURE.CODE (C.P.C)
Topic- A Critical Analysis of the Powers of Appellate Court

Submitted by: Submitted to:

Abhinav Mahlawat (500070274)

Roll no. 01

Sanjana Seth (500070291)

A Critical Analysis of the Powers of Appellate Court

Introduction

In the constitution Supreme court is vested with the poers of the judicial review
under Article 32 and Article 32 (2) reverses the Supreme Court with the power to
issue instructions, orders or writings for the execution of fundamental rights. The
Supreme Court is the highest court of the legal system. The Court of Appeal is
solely responsible for this. It is the country's highest appeals court. The Supreme
Court has jurisdiction over appeals under Articles 132, 133, 134, and 134A of the
Indian Constitution. Article 133 deals with appeals from civil proceedings before
the Superior Court. There are certain conditions for it.

Appellate Court - A party who is dissatisfied with a lower court's decision will
appeal to the appellate court for relief. The procedures and rulings of the trial court
are reviewed by the appellate courts to ensure that the trials were fair and that the
relevant law was properly enforced. In simple words you can take your case to the
Court of Appeals if you do not agree with a lower court decision. In India, the
Supreme Court is the High Court of Appeal and the District Court of Appeal is the
High Court. The same has been provided for in the 1908 Code of Civil Procedure
in the case of civil cases.

Right to appeal – It is both legal and substantive to have the right to appeal. The
statutory existence of an appeal means that, unlike the natural right to sue, it must
be expressly conferred by statute in accordance with the operational appeal
process. It is substantive in the sense that, unless otherwise provided by statute, it
must be taken prospectively. This right may be waived by consensus, and if one of
the parties recognises the decree's benefits, they will be barred from questioning its
legality. An appeal, on the other hand, is based on the statute in effect at the time
the initial claim was filed.

In terms of the power and the primary authority to resolve a case, it is a general
rule under section 107 (1) (a) of the Code that the proof in the record is sufficient
for the appellate court to pronounce the judgement, and that a case should be
dismissed on the basis of recorded evidence and should not be referred to new
evidence, except in extraordinary circumstances.

The First Court of Appeals has the right to check the consistency of the factual
findings as well as the rule that the Court of First Instance has recorded. However,
only if the case concerns a serious question of law, a second appeal to Supreme
Court under Section 100 C.P.C. is available.

In the case of Union of India v. Ibrahim Uddin it was held that In extraordinary
cases, Order XLI, Rule 27 CPC, requires the Court of Appeals to take additional
facts. Only if the requirements set forth in this rule are found to exist, will the
Court of Appeals accept additional proof.

In Ramji Singh v. the State of Bihar, an appeal was filed against the high court's
ruling, which resulted in the conviction of those convicted under section 302 of the
IPC. The appellant argued in front of the Supreme Court that the high Court had
not given an independent opinion on the facts. The Supreme Court dismissed the
appeal, ordering that the high court would review the facts piece by piece in light
of the conclusions of the court of first instance for a conviction.

Section 107 C.P.C. provides as in:

107 talks about the Powers of the Court of Appeals-

1. Subject to the conditions and limitations that may be prescribed, a Court of

Appeal shall have the power to: (a) finally determine a case; (b) to return a case;
(c) to frame problems and refer them to trial; (d) take additional tests or require
that such tests be taken.

2. Subject to the foregoing, the Court of Appeals will have the same powers and
will perform, as far as possible, the same functions that this Code confers on and
imposes on the Courts of original jurisdiction with respect to the lawsuits brought
there.

In the case of Madina Begum v. Shiv Murti the superem court held that if High
court had done what’s not permissible and should have decided all the issues /
points involved the the Superem Court after reversing the judgement of the High
Court the matter be referred to the High Court for appeal decisions on other issues,
which would not have been essential if the High Court had already settled all
issues.

In the case of Kurian chacko v. Varkey Ouseph it was held that since an appeal
court is normally the final court of fact, a litigant has the right to a complete, equal,
and impartial review of the facts at the appeal level. Anything less would be unjust
to him.

Conditions where the Appeals are maintainable -

1. Against a decree
2. Against a preliminary decree under section 97 C.P.C
3. Against a final decree
4. Rejection of the complaint given under Order 7 Rule 11 C.P.C.
5. Determination of any question within Section 144 (restitution).
6. Original decree approved ex parte.

Appellate cases must contain three key elements:

1. A decree issued by a judicial or administrative authority.

2. An aggrieved party who was not involved in the original procedure.
3. A review body formed to look at such appeals.

Who may appeal -

1. Any part of the claim that is adversely affected by a decree, or if the party is
dead, their legal representatives under Section 146.
2. An assignee of said party's interest who is bound by the decree with respect to
said interest, provided that his name is registered in the claim register.
3. If he is a party to the case, no one else has the right to appeal under Section 96.
4. A purchaser at an auction may challenge a running order that declares the sale
invalid due to fraud.

Powers of Appellate Courts - Sections 96-108 and Rules 23 to 33 of Order 41

conferred these powers.

1. To remand a case - If an appeals court overturns a lower court's ruling, the

written decision usually involves a request that the case be referred to the lower
court for reconsideration in light of the appeals court's decision.
2. To frame issues and refer them for trail - It is given under section 107(1)(c).
If the Court whose decree is being appealed has failed to frame or test any
issue, or to decide any matter of fact, that is required for a correct suit decision
on the merits, the Court of Appeals may, if necessary, frame problems and refer
them for trial before the Court whose decree is being appealed.
3. To summon witness - The process outlined in CPC Order 16 is used to submit
summons to witnesses. The parties cannot claim the presence of witnesses or
create their case without a summons.
4. Appreciating the evidence - The accuracy and reliability of the proof provided
in the case must be weighed when appreciating the evidence.
5. Can reverse the judgemet of lower Court, if not justified –The judgment of
an appeal court that a lower court's judgement was mistaken and should be
overturned. As a result, the lower court that heard the case has been ordered to
dismiss the initial lawsuit, retry it, or amend the sentence.
6. Modify a decree - This power of attorney is genuine, but it is also
discretionary. If the ruling is overturned on appeal, it is self-evident that the
appeals court will support the decree for the same reversed decision. Article
XXXIII deals with the provisions and procedure of the convention.

Duties conferred upon the appellate court –

1. Duties to decide the appeal - When it comes to the obligation to ultimately

determine the appeal, it is clear that because the court has submitted an appeal
to be heard and decided, the court must make a decision based on that appeal,
and the most important thing to do so is to use the judicial mind of a judge.
2. Duty to appreciate the evidences again - The duty of the appeals court to re-
evaluate the facts means that when an appeals court hears an appeal with almost
the same powers as the original court, plus some additional powers, with due
care and caution, the court may return to appreciating such testimony as held in
a case where the court of first instance came to a factual conclusion. Unless the
approach of the court of first instance to the assessment of the facts is
substantially wrong, contrary to proven or perverse principles, the judgement
should not be marginally altered, primarily by the appreciation of oral evidence.
If the Court of Appeals demands that any file be presented or that any witness
 be examined in order to pass judgement or for any other cause, the Court of
Appeals can also allow said proof or document to be presented or a witness to
be tested.
It was heldin the state of U. P. v. stav Manbodhan Lal Srivaa that no additional
proof should be allowed at the appeal stage to allow one of the parties to fill in
those gaps in presenting its case at the appropriate stage and to fill the holes in
the case.
3. Duty to record reasons - The duty to document explanations is one of the
appellate court's most important duties. All other courts of appeal, except the
High Court, are expected to record the reasons for their decisions, even though
it is not necessary.

In civil matter original decree can be challenged

First appeal - Depending on the matter and monetary value of the case, an
appeal may be made to multiple courts against the civil court's decree or
sentencing, including the civil judge, the additional district judge, and the
higher court with original jurisdiction.
If there is a substantial issue of law in the decree you can file a second appeal.

Second appeal - If the decree / judgement issued by the court of appeal on the
first appeal contains a substantive issue of law, it may be contested in the
Superior Court on the second appeal. An exparte decree / judgement of the first
court of appeals may be appealed in this way.

PROCESS
1. The parties must sign a memorandum before the appeal can be filed.
2. It must state the reasons for the challenge to the decree or judgement in a
succinct and straightforward manner.
3. The memorandum must provide a copy of the decree or judgement.
4. If the appeal is for the expenditure of money, the appellant will deposit the sum
in question, along with the protection for the expense of the initial appeal or
allegation, or at the request of the other party.