Section 96 of CPC : Section 96: Appeal From Original Decree

Explanation using Example

Imagine a scenario where Mr. A files a lawsuit against Mr. B over a property dispute in a District Court. The court, after hearing both sides, passes a judgment in favor of Mr. A. Mr. B, being dissatisfied with the decision, decides to challenge the decree. According to Section 96(1) of The Code of Civil Procedure, 1908, Mr. B has the right to appeal to a higher court, provided there is no express provision in the Code or any other law that bars such an appeal.

In another instance, if the District Court had passed a judgment in the absence of Mr. B (an ex parte decree), as per Section 96(2), Mr. B is still entitled to appeal the original decree.

However, if Mr. A and Mr. B had come to an agreement during the proceedings and the court passed a decree based on their consent, then as per Section 96(3), neither party can appeal against the decree.

Lastly, if the dispute between Mr. A and Mr. B was over an issue that falls under the jurisdiction of a Small Causes Court, and the value of the dispute did not exceed ten thousand rupees, then under Section 96(4), an appeal could only be made on a question of law, and not on factual findings.