TOPIC:

APPEALS FROM ORIGINAL DECREE

SUBJECT:

CIVIL PROCEDURE CODE AND LIMITATION ACT

SUBMITTED BY:

MEDHA SINGH

C- 179

BATCH OF 2021-2024

UNDER THE SUPERVISION OF:

PROF. SHIVAM KAKADIA

PROF. SHANKAR RAJADHYAX

JITENDRA CHAUHAN COLLEGE OF LAW

UNIVERSITY OF MUMBAI

DATE OF SUBMISSION: 21/10/2023

1
 ACKNOWLEDGEMENT

I take this opportunity to express my earnest gratefulness to guide Prof. Shivam

Kakadia and Prof. Shankar Rajadhyax for mentoring me throughout the project.

I understand the magnitude of the opportunity offered to me by Jitendra Chauhan

College of Law, Vile Parle, Mumbai for providing me with scope to study the ‘Appeals from
Original Decree’ I understood the profound meaning of the adage “Research is creating new
knowledge.” Whilst studying, I came across various interpretations of the terminologies and
their contextual deviation.

The knowledge earned would be utilized at the optimum level in influencing my

understanding of the subject drawn.

This study intends to deep dive into what are appeals, decree and their limitations.

Sincerely,

Medha Singh

Place: Mumbai

Date: 21/10/2023

2
CONTENTS
ACKNOWLEDGEMENT ...................................................................................................................... 2
CHAPTER – I ......................................................................................................................................... 4
1.1 Introduction – .......................................................................................................................... 4
1.2 Objective – .............................................................................................................................. 6
1.3 Research Methodology – ........................................................................................................ 6
1.4 Sources of study – ................................................................................................................... 6
1.5 Table of Cases – ...................................................................................................................... 6
CHAPTER – II ........................................................................................................................................ 7
2.1 Appeals & Decree – ................................................................................................................ 7
2.2 Appeals from Original Decree – ........................................................................................... 10
CHAPTER – III .................................................................................................................................... 15
Conclusion – ..................................................................................................................................... 15
BIBLIOGRAPHY – .............................................................................................................................. 16
1. Weblinks ................................................................................................................................... 16
2. Books – ..................................................................................................................................... 16

3
 CHAPTER – I
1.1 Introduction –
An appeal is a legal procedure through which a judgment or order issued by a lower court
is contested before a higher court. The individual initiating or pursuing an appeal is referred to
as the appellant, while the court that reviews the appeal is known as the appellate court. It's
important to note that a party involved in a case does not inherently possess the right to
challenge a court's judgment or order before a superior court. The ability to file an appeal is
contingent upon specific laws and must adhere to prescribed protocols in designated courts.
The term 'appeal' lacks a formal definition within the Code of Civil Procedure 1908.
Essentially, it functions as an application or petition submitted to a higher court, requesting a
reconsideration of the lower court's decision. It represents a mechanism for a higher authority
to reassess the decision made by the lower court. Importantly, the right to appeal is not an
inherent or natural entitlement but rather a creation of statutory law.

Section 96 of the Civil Procedure Code grants litigants the right to appeal from an original
decree, while Section 100 provides them with the opportunity to appeal from an appellate
decree in specific circumstances. Additionally, Section 109 permits appeal to be made to the
Supreme Court in certain situations, and Section 104 extends the right to appeal from orders,
distinguishing them from decrees. Appeals from an Original Decree under the Code of Civil
Procedure (CPC) constitute a critical aspect of the legal framework governing civil litigation
in many jurisdictions. When a lower court issues a judgment or decree in a civil case, parties
involved may not always be satisfied with the outcome. In such instances, the right to appeal
to a higher court provides a fundamental avenue for seeking a review of the original decree.
This process serves as a safeguard against potential errors, miscarriages of justice, or
misinterpretations of law made by the lower court. In this discussion, we will delve into the
essential aspects of appeals from original decrees under the CPC, exploring the legal principles,
procedural requirements, and the significance of this recourse within the broader context of
civil litigation.

Within this multifaceted landscape, we embark on a comprehensive exploration of the

complexities and nuances surrounding appeals from original decrees under the CPC. We will
delve into the procedural intricacies, the prerequisites for filing an appeal, the grounds upon
which appeals can be based, and the broader implications of these appeals in shaping the
outcomes of civil disputes. As we navigate this legal terrain, we gain insight into the profound

4
impact these appeals have on the administration of justice and the protection of individual
rights within our society.

Here are some key points to understand about appeals from original jurisdiction:

• Original Jurisdiction: Original jurisdiction refers to the authority of a court to hear and
decide a case in the first instance. Trial courts typically have original jurisdiction, meaning
they are the first courts to hear and decide cases, whether they are civil or criminal in nature.
• Grounds for Appeal: Appeals from original jurisdiction can be made on various grounds,
including errors in the application of law, procedural errors, or claims of unfairness during
the trial. The party appealing (the appellant) generally needs to show that there was a legal
error or irregularity that affected the outcome of the case.
• Appellate Courts: Appeals from original jurisdiction are typically heard by appellate courts,
which are courts of higher authority that review decisions made by lower trial courts. The
structure of appellate courts can vary from one jurisdiction to another, but they are generally
responsible for reviewing the legal decisions made by lower courts, rather than re-trying
the factual aspects of the case.
• Standard of Review: Appellate courts typically apply a standard of review, which
determines the level of deference they give to the decisions of the lower court. The standard
of review can vary but often includes "de novo" review (a fresh look at the legal issues),
"clear error" review (deference to factual findings made by the lower court), or "abuse of
discretion" review (evaluating whether the lower court made a reasonable judgment).
• Outcomes: When an appellate court reviews an appeal from original jurisdiction, it can
either affirm the lower court's decision (uphold it), reverse it (overturn it), or remand it
(send it back to the lower court for further proceedings).
• Multiple Levels of Appeals: In some legal systems, there may be multiple levels of
appellate courts, with the highest court being the court of last resort, such as a supreme
court. The decision of the highest appellate court is usually final, although there may be
exceptions in certain cases, such as those involving federal law or constitutional issues.

Appeals from original jurisdiction are a fundamental aspect of the legal system, as they
provide a mechanism for parties to seek review of lower court decisions and ensure that justice
is served. The specific procedures and Rules for appeals can vary significantly depending on
the jurisdiction and legal system in place. A person's right to seek justice against an unjust
decree or order by submitting it to a Superior Court is determined by the remedial idea of an

5
appeal. The Code of Civil Procedure, 1908 addresses appeal from original decree in Sections
96 to 99A; 107 to 108; and Order 41 (Rule 1-37).

1.2 Objective –
The study will emphasize on below aspects -

• What is an Appeal?
• Who can Appeal and its procedure?
• What is an Original Decree?
• How to Approach for an Appeal from Original Decree?

1.3 Research Methodology –

This paper will rely on secondary data in the form of Journal Articles, Books, and Weblinks
to explain the main objective, and the secondary data, in turn, will be critically analyzed. So, it
will be qualitative in nature. The objectives of the project will be verified when the project is
concluded, as a form of a top-down method.

1.4 Sources of study –

Secondary sources in the form of written documents such as Books, Magazines, Texts,
Reports, Journal Articles, and previous analysis reports served as sources of study for this
project.

1.5 Table of Cases –

Case Name Case Citation
Krishna vs. Mohesh (1905) 9 CWN 584
M. C. Chockalingam & Ors vs V. Manickavasagam & 1974 AIR 104, 1974 SCR (2) 143
Ors
Eastern Coalfields Limited & ors.vs. Rabindra Kumar CIVIL APPEAL NO.2794 OF 2022
Bharti
Lal Bahadur Singh vs The Union Of India & Ors Civil Writ Jurisdiction Case No.21039 of
2014
Bhanu Kumar Jain v. Archana Kumar AIR 2005 SC 626
Baldev Singh vs Surinder Mohan Sharma Appeal (civil) 7162-7163 of 2002

6
 CHAPTER – II
2.1 Appeals & Decree –
The term ‘appeal’ nowhere has been defined under the CPC. The Black’s Law Dictionary,
while construing the concept of ‘appeal’ 1in its most original and natural sense, explains it
as “the complaint to a superior court for an injustice done or error committed by an inferior
one, whose judgment or decision the Court above is called upon to correct or reverse. It is
the removal of a cause from a Court of inferior jurisdiction to one of superior jurisdiction,
for the purpose of obtaining a review and retrial”. An appeal is a legal process through
which a judgment or order issued by a lower court is contested in a higher court. The
individual initiating or pursuing the appeal is referred to as the appellant, while the court
responsible for reviewing the appeal is known as the appellate court. It's important to note
that a party involved in a legal case does not possess an inherent right to challenge a lower
court's judgment or order in a superior court. The right to file an appeal is contingent upon
specific laws and must adhere to prescribed procedures within designated courts.

The term 'appeal' remains undefined in the Code of Civil Procedure 1908, but it
essentially represents a formal application or petition submitted to a higher court, seeking
a reconsideration of the decision made by the lower court. This process constitutes a form
of judicial review conducted by a higher authority, reevaluating the decision rendered by
the lower court. It's essential to understand that the right to appeal is not intrinsic or
naturally inherent; instead, it is a legal construct created by statute.

GROUNDS OF AN
APPEAL

A person is aggrieved of
A decision has already
The appeal is entertained such decision, whether or
been made by a judicial or
by a reviewing body not he is a party to the
administrative authority.
proceeding
2

1
Staff, T. (2014). APPEAL. The Law Dictionary.
https://thelawdictionary.org/appeal/#:~:text=The%20complaint%20to%20a%20superior,upon%20to%20correct
%20or%20reverse.
2
Bloom, L. (1972). Final Appeal: A Study of the House of Lords in its Judicial Capacity.

7
 Who can file an Appeal? Who cannot?
Any party to the original proceeding or his/her A party which has relinquished its right of
legal representatives appeal as per an agreement which is clear and
unambiguous.
Any person claiming under such party or a A party which has availed the benefits under a
transferee of interests of such party decree
Any person appointed by the court as the legal Parties with a consent decree. Consent, in this
guardian of a minor. case, could be a lawful agreement or
compromise, or could even be presumed from
the conduct of the parties.
Any other aggrieved person after taking leave Parties, whose factum or compromise is in
of the court. dispute or hasn’t been formulated
Parties involved in petty cases.
No legal representatives are entitled to file an
appeal against a deceased person

In Krishna vs. Mohesh3, the court observed that “the question who may appeal is determinable
by the common-sense consideration that there can be no appeal where there is nothing to appeal
about”.

In the case of Baldev Singh vs Surinder Mohan Sharma & Ors4, the Court held that an appeal
under Section 96 of the Civil Procedure Code, would be maintainable only at the instance of a
person aggrieved by and dissatisfied with the judgment and decree.

An appeal is a legal process in which a superior court re-evaluates the ruling made by a lower
court, examining both legal and factual aspects, and holds the authority to affirm, overturn,
amend, or return the case to the lower court for a new determination in accordance with its
instructions.

3
(1905) 9 CWN 584
4
Appeal (civil) 7162-7163 of 2002

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 When is the Appeal maintainable? When is the Appeal not maintainable?
A decree passed by a judicial/administrative Where the decree has been passed by the
authority. court with the consent of the parties.
Determination of any question within
Section 475 [prior to the amendment of 1976-
77 against such determination regular first
appeal was maintainable as it was included in
the definition of decree under Section 2(2)]
An aggrieved person, not necessarily a party Where the cognizable suit by small causes
to the original proceeding. court is such in which there is no question of
Original decree passed ex-parte6 law is involved and the value of the suit does
not exceed Rs. 10,000/-
A reviewing body instituted for the purposes Appeal against the final decree where the
of entertaining such appeals. appeal against preliminary decree has not
been made (Section 97). Dismissal of suit in
default.

Original Decree:
Decree is defined u/s 2(2) of Civil Procedure Code, 1908. It means the formal expression of an
adjudication which conclusively determines the rights of the parties concerning all or any of
the matter in controversy in the suit. A decree may be either preliminary or final. It is necessary
to understand the difference between order and decree before understanding appeals. A
judgment acts as the ground of a decree or order in a civil proceeding.7A decree is only passed
in a suit by the judge to conclusively determine the rights of the party arising out of the matters
in dispute, and it can be passed once in a lawsuit or twice (preliminary and final) in certain
cases.8 The second appeal lies to the High Court on specific grounds from a decree passed in
the first appeal9. Whereas order means the formal expression of any decision of a civil court
which is not a decree.10 The court with a view to determine whether an order passed by it is a
decree or not must take into consideration the pleadings of the parties and the proceedings

5
Section 47- CPC -Questions to be determined by the Court executing decree.
6
Appellate jurisdiction (first appeal under C.P.C.). (n.d.-a).
https://ijtr.nic.in/APPELLATE%20JURISDICTION.pdf
7
CPC. Sec. 2(9)
8
C.K. Takwani, Civil Procedure with Limitation Act, 1963, 28 (8th ed. 2017).
9
CPC. Sec. 100.
10
CPC, Sec. 2(14).

9
leading upto the passing of an order. In the case of Bhanu Kumar Jain v. Archana Kumar11 -
the issue raised -
• whether after dismissal of the application filed under Order IX Rule 13 CPC, an appeal
filed under Section 96(2) CPC against the ex-parte decree is maintainable?
• Whether the time spent in the proceedings to set aside the ex-parte decree be taken as
“sufficient cause” within the meaning of Section 5 of the Limitation Act, 1908 to
condone the delay in preferring the first appeal?
The Supreme Court held that right to appeal under Section 96(2) challenging the original decree
passed ex-parte is a statutory right and the defendant cannot be deprived of it merely on the
ground that the application filed under Order IX Rule 13 CPC was earlier dismissed.12

Qualifying test for a

Decree

Determine rights of Adjudication must

A formal expression
Must be adjudication A conclusive nature the parties about all/ have been given in a
of such adjudication
any suit

As per Section 97 CPC, failure to appeal against a preliminary decree precludes the aggrieved
party from challenging the final decree.
2.2 Appeals from Original Decree –
Order XLI of the Code of Civil Procedure 1908 pertains to "Appeals from Original Decrees."
Rules 1-37 under this order govern the procedure for filing and processing appeals from
original decrees. Form of appeal: Rules

o Memorandum of Appeal (Order XLI, Rule 1):

An appeal must be supported with a memorandum of appeal, which is a document comprising

of the grounds of appeal. The constituents of a valid memorandum of appeal include:

▪ The grounds for filing an appeal.

▪ Signature of the appellant or his/her pleader.
▪ The attachment of the certified copy of the original judgement.
▪ The remittance of the decretal amount or security (in case of a money decree).

11
AIR 2005 SC 626
12
Dismissal of an application under Order IX Rule 13 of CPC does not bar the statutory right of first appeal under
section 96 of CPC. The Chambers of Law, New Delhi. (n.d.). https://www.tclindia.in/dismissal-of-an-application-
under-order-ix-Rule-13-of-cpc-does-not-bar-the-statutory-right-of-first-appeal-under-section-96-of-cpc/

10
The appellant, with respect to this provision, is not entitled to take any grounds or objection
except the ones mentioned in the memorandum. However, the court may accept such objections
on its own accord, provided the opposite party is provided with adequate opportunities to
contest such grounds. The memorandum of appeal must contain the grounds of objections to
the decree appealed from, concisely, under distinct heads, without any arguments or narrative
and should be numbered consecutively. The court has the right to reject or amend any
memorandum which it finds to be inappropriate. The court shall record the reasons for such
rejection. In the case of Chockalingam vs V. Manickavasagam13, it was held that an appeal
under Order XLI Rule 1 can only be filed against an original decree, and not an interlocutory
order.14

o For an appeal to be validly filed, all the provisions of the Memorandum of Appeal must be
met. Rule 2 prohibits the appellant from applying for any reasons of objection not set out
in the memorandum of appeal, but only with the leave of the court. The underlying intent
of this provision is to notify the respondent of the case which he is expected to meet at the
hearing of the appeal. If the memorandum of appeal is not in suitable form, the court may
refuse it or return it to the appellant for the purpose of being amended.15
o The Amendment Act of 1976 inserted Rule 3A. It specifies that if an appeal has been filed
after the expiry of the restriction date specified for that reason, it must be followed by a
submission to the effect that the applicant has reasonable reasons for failure to lodge an
appeal within the time limit. The purpose of this clause is twofold: first, to notify the
appellant that the delayed appeal may not be sustained until the delayed appeal is followed
by an application justifying the delay; and secondly, to inform the respondent that it might
not be appropriate for the appellant to be prepared on the merits, as the court must first deal
with an application for condonation of the delay as a precedent condition. However, the
clause is a directory and not compulsory.
o Rule 4 states that where a decree proceeds on a ground common to all the plaintiffs or
defendants, each of the plaintiffs or defendants may appeal against the whole decree, and
the court may reverse or vary the decree in favor of all the plaintiffs or defendants.
o Rules 5 to 8 provides for stay of an execution of a decree or an order. The appeal court
may order the stay of proceedings under the decree or the enforcement of such a decree

13
1974 AIR 104, 1974 SCR (2) 143
14
An order passed during the proceedings of the case, and which is of urgent requirement is known as an
interlocutory order.
15
Lal Bahadur Singh vs The Union Of India & Ors - Civil Writ Jurisdiction Case No.21039 of 2014

11
 after an appeal has been lodged. But the implementation of a decree is not interrupted by
the mere filing of an appeal. If appropriate grounds are identified, the stay can be granted.
The purpose underlying Rule 5 is to secure the interests of both the issuer of the order and
the debtor of the judgment. Therefore, the following conditions must be met before the stay
is issued by the court:
▪ The application was submitted without undue delay.
▪ The claimant incur significant damages until such an order is made.
▪ Security has been provided by the applicant for the due performance of the declaration or
order. If the conditions are met, the court can also make an ex-parte order for a stay of
execution pending the hearing of the appeal.
o Despite introduction of amendment in Order 41, Rule 9 CPC w.e.f. 01.07 2002, it has been
held by the Supreme Court that the apprehension that under Order 41, Rule 9 CPC as
amended w.e.f. 1.7. 2002, the appeal can be filed in the court from whose decree the appeal
is to be filed is unfounded. Appeal must be filed under Order 41, Rule 1 CPC in the court
in which it is maintainable. All that Order 41, Rule 1 CPC requires is that a copy of the
memorandum of appeal should also be presented before the trial court which passed the
decree.16
o Rule 11 deals with the trial court's right to summarily deny an appeal. This provision
applies to the phase following the submission of the memorandum of appeal and the filing
of the appeal in compliance with Rule 9. Rule 11 embodies the basic principle that if an
appeal is preferred, the appeal court, after hearing the appellant or his counsel, is free to
refuse the appeal summarily if there is no merit in the appeal prima facie. Nevertheless,
discretion must be exercised judiciously and not arbitrarily. Such control can be used only
in rare situations and rather sparingly.
o Doctrine of merger:
▪ The doctrine of merger theory is based on the principle that there should not be more than
one operating decree governing the same subject matter at the same time. Therefore, the
decree of the trial court ceases to exist under the context of the statute as soon as an appeal
is resolved by an appeal court, which is superseded by a decree by an appeal court. The
decree passed by the trial court, in other words, merges with the appeal court's decree.

16
Salem Advocates Bar Association Vs Union of India, AIR 2003 SC 189

12
o Cross objections:
▪ Rule 22 is a special provision which allows the respondent who has not appealed against
the decree to object to the decree by filing cross-objections in the appeal filed by the other
party. However, the respondent's filing of cross- objections is discretionary and voluntary.
The provision is permissive and encouraging and not mandatory or peremptory. An appeal
by a respondent in which the plaintiff has little involvement should not be viewed as a
cross-objection. The challenge is brought by the appellant against the respondent, and the
cross-objection by the respondent against the appellant would be an objection.

Grounds for Cross Appeals

if he is aggrieved by a finding in
if he could have filed an appeal the judgment, even though the
against any part of the decree decree is in his favor because of
some other finding.

o Power to decide a case finally- Section 107(l)(a) and Rule 24 of Order 41 enable the
appellate court to dispose of a case finally. Where the proof on record is adequate to allow
the appellate court to pronounce a decision, the case may eventually be decided,
notwithstanding that the judgment of the court of appellate court occurred solely on some
other basis than that on which the appellate court continues.
o Power of remand- Section 107(1)(b), Rule 23 of Order 41 of the Code states that if the
trial court has decided the case on a preliminary point without documenting findings on
other issues and if the court of appeal reverses the decree thus passed, it may send the case
back to the court of appellate court to decide other issues and reach a decision. An appellate
court can order the lower court to reconsider and retry the case by passing an order of
remand.
o Power to frame issues and refer them for trial- Section 107 (1)(c), Rules 25 and 26
provides that where the lower court has omitted to frame any issue or to try any issue or to
determine any question of fact, which is crucial to the just decision of the case upon merits,
the appellate court can frame issues and refer them for trial to the lower court and direct
that court to take the additional evidence required.
o Power to take additional evidence- Section 107(1)(d), Rules 27 29, as a Rule, an appeal
shall be decided by the court of appellate court on the facts adduced by the parties before
the court of appeal and no further evidence shall be accepted for the purposes of the appeal.

13
 The fundamental principle of admission of additional evidence is that it should be sufficient
for the person demanding admission of additional evidence to prove that such additional
evidence may not have been admitted as evidence at first instance with the best efforts.
There should be an opportunity for the party affected by the admission of additional facts
to contradict such additional evidence. The additional evidence must be relevant for the
determination of the issue.
o Power to modify decree- Rule 33 of Order 41 allows an appellate court to make whatever
decision it deems fit, not only between the appellant and the respondent but also between
two respondents. It empowers an appellate court not only to give or refuse relief to the
appellant by allowing or dismissing the appeal, but also to give any other such relief to the
respondents as the case may require. In case of Eastern Coalfields Limited & ors.vs.
Rabindra Kumar Bharti17, the court held that “Order 41 Rule 33 no doubt clothes the
appellate court with an extra ordinary power, which however is a rare jurisdiction. It is to
reach justice in the special facts of a case. It is not an ordinary Rule to be applied across
the board in all the appeals. In fact, the principle is inter alia no doubt that even if there is
no appeal by any of the parties in the proceedings, an order can be passed in his favour in
the appeal carried by the other side. Any order which ought to have been passed can be
passed. In this case, there is no order against the appellant(s) by the learned Single Judge.
The order of dismissal was not specifically the subject matter of challenge as noticed. We
do not think in the facts of this case, that it is a fit case where the High Court could have

supported the directions with reference to Order 41 Rule 33.”18

17
CIVIL APPEAL NO.2794 OF 2022
18
Verdictum. (2022). Verdictum. Verdictum. https://www.verdictum.in/court-updates/supreme-court/supreme-
court-order-41-Rule-31-cpc-extra-ordinary-power-appellate-courts-rare-jurisdiction-1365430
Kakkar, S., & Law, L. (2022, April 14). Live law. Live Law. https://www.livelaw.in/top-stories/supreme-court-
cpc-order-41-Rule-33-appellate-court-power-reaching-justice-in-special-facts-196665

14
 CHAPTER – III
Conclusion –
The term 'appeal' lacks a specific definition within the Code of Civil Procedure 1908.
Instead, it represents a formal request or petition submitted to a higher court for a revaluation
of a lower court's decision. It constitutes a process for the higher authority to review the
decision issued by the lower court. Importantly, it's essential to understand that the right to
appeal is not inherent or natural; rather, it is a legal construct established by statute. This right
becomes available to a party immediately after an adverse judgment is rendered against them.
It does not come into existence solely in response to an adverse decision; instead, it is conferred
on the day the lawsuit is initiated, marking the commencement of legal proceedings. In this
sense, it can be concluded that the right to appeal is a substantive right granted to parties from
the very moment the lawsuit is filed. It is an application or petition to higher Court for the
consideration of the decision of lower court. It is proceeding for review to be carried out by
higher authority of decision given by lower one. In is a creature of statute and right to appeal
is neither an inherent nor natural right. As soon as judgment is pronounced against party, right
to appeal arises. Right to appeal doesn’t arise when adverse decision is given, but on the day,
suit is instituted i.e., proceedings commenced, right to appeal get conferred. Thus, it can be
said the Right to appeal is appeal substantive right vested in parties from the date suit instituted.

As much as the appeal is a right, it should be noted that the rights should be followed
diligently and shouldn’t mock the judiciary while availing the benefits.

15
 BIBLIOGRAPHY –
1. Weblinks
• https://thelawdictionary.org/appeal/#:~:text=The%20complaint%20to%20a%20superi
or,upon%20to%20correct%20or%20reverse.
• https://www.indiacode.nic.in/handle/123456789/2191?sam_handle=123456789/1362
• https://www.verdictum.in/court-updates/supreme-court/supreme-court-order-41-Rule-
31-cpc-extra-ordinary-power-appellate-courts-rare-jurisdiction-1365430
• https://www.livelaw.in/top-stories/supreme-court-cpc-order-41-Rule-33-appellate-
court-power-reaching-justice-in-special-facts-196665
• https://www.latestlaws.com/articles/all-about-appeals-under-the-code-of-civil-
procedure

2. Books –
• Takwani, C. K. (1987). Civil Procedure Code.

• Bloom, L. (1972). Final Appeal: A Study of the House of Lords in its Judicial Capacity.
• Thakker, C. K., & Thakker, M. C. (2014). Code of Civil Procedure, 1908. (2014
Edition)
• Woodroffe, J. G. (2008). Sir John Woodroffe & Ameer Ali’s Commentary on the Code
of Civil Procedure, 1908 (Act No. 5 of 1908): Order XXI-Rle 74 to end.

16