interference in second appeal.

(b) Plea not raised wither in written statement or even in appeal below, could not
be taken up in second appeal by the High Court.
(c) Delivery of possession is a question of fact and cannot be interfered with in
second appeal.
(d) Findings of fact by first appellate court cannot be challenged in second appeal,
particularly when no erroneous approach to the case or findings of fact is shown to
have been made by first appellate court.
(e) The question of adverse possession may not necessarily of a document,
particularly revenue record, is a question of law.
(f) Concurrent findings of fact by two lower court cannot be challenged in second
appeal ever if it is erroneous or a different conclusion is possible.
(g) Where lower courts arrived at a finding of a fact after thoroughly perusing,
assessing and appreciating evidence the point cannot be reopened in second appeal.

Allowing Revision to be treated as second appeal

The High Court has allowed the revision to be treated as second appeal. The only
point in issue is from what date this revision should be treated to be converted into
a second appeal.
(a) from the date a misconceived civil revision petition was instituted
(b) from the date is request was made for its conversion or
(c) from the date it was allowed to be converted and registered as a second appeal

Effect of Subsequent change of law on second appeal

If , according to law in force at the time of the filing of a suit, the ultimate decision
of such an action was open to appeal or to second appeal, the right to prefer an
appeal there from is not affected by subsequent change of law abolishing the
appeal of modifying its form, unless it is so provided expressly in the enacting
statue or followed by necessary implication from its terms.

Restrictions or urging irrelevant grounds

According to order 41 rule 2, no ground can be urged at the hearing of the appeal
which had not been set forth in memorandum of appeal.

Raising Fresh Pleas

Parties are bound by case, which arises on their pleadings which have been
inquired into by trial court. A plea which should have been taken in trial court but
was not taken, cannot be raised for first time in second appeal.
It is for the parties to take up necessary pleas and have necessary issues framed in
the trial court. If they do not so, they cannot ask the appellate court to remand case
for recasting of issue and retrial on new pleas.

Dismisal of Appeal for default

Through second appeal may lie from an appeal decree passed ex-parte, no second
appeal lies from an order dismissing an appeal for default, on the ground that such
an order is not a decree.

Cases where second appeal is barred

Section 102 provides that no second appeal shall lie in the following suits
(a) Suit of a nature cognizable by court of small causes
A suit the value of which does not exceed Rs.25000 is a suit of a nature cognizable
by courts of small causes. It may be tried either by small cause court or by a civil
court, and in that case second appeal is barred by section 102 of CPC.
(b) Suits where value does not exceed Rs. 25,0000
NO second appeal, shall lie in any other suit, where the value of the subject nature
of the original suit does not exceed Rs. 2,50000.

Powers of High Court to determine issues of fact

IN second appeal the High Court may determine an issue of fact.
(i) where there is sufficient evidence, on the record, for determining issue of fact,
necessary for the disposal the lower appellate court.
(ii) An issue of fact, necessary for the disposal of the case, has been wrongly
determined by the lower appellate court by reasons of any omission, error or defect
as referred in section 100(I)(b) of CPC.
Limitation for Appeal
Where appeal lies to district court, the limitation for appeal is 30 days U/A 152 of
Limitation Act from the date of decree or order appealed from.
Where appeal lies to High Court, the limitation for appeal is 60 days U/A 155 of
Limitation Act from the date of decree or order.
Where high court passed the decree or order in the exercise of its original
jurisdiction, the limitation for appeal is 20-day U/A 151 of Limitation Act from the
date of decree or order.
 CONCLUSION
To conclude that appeal is a substantive right, and it is a matter inter parties. The
question as to whether the appeal is competent or not can only be decided by the
court hearing the appeal. Appeal may be filed against original or appellate decree
passed by a court subordinate to High Court. Appeal only lies against a decree and
not against Judgment. The right of appeal is a creation of statute.