Section 96 of CPC : Section 96: Appeal from original decree.

CPC

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Explanation using Example

Example 1:

Rajesh files a lawsuit against his neighbor, Suresh, in a District Court (a court of original jurisdiction) for encroaching on his property. The District Court rules in favor of Suresh, dismissing Rajesh's claims. Rajesh believes the decision is incorrect and decides to appeal the decree. According to Section 96 of the Code of Civil Procedure, 1908, Rajesh can appeal this original decree to the High Court, which is authorized to hear appeals from the District Court's decisions.

Example 2:

Meena files a lawsuit against a local shopkeeper for selling her defective goods worth Rs. 8,000. The Small Causes Court rules in favor of the shopkeeper. Meena wants to appeal the decision. However, since the value of the subject matter is less than Rs. 10,000 and the case falls under the jurisdiction of the Small Causes Court, Section 96(4) states that Meena can only appeal on a question of law, not on the facts of the case.

Example 3:

Anita sues her business partner, Ramesh, for breach of contract in a Civil Court. Ramesh does not appear in court, and the court passes an ex parte decree in favor of Anita. Ramesh later learns about the decree and wants to challenge it. According to Section 96(2), Ramesh can appeal the ex parte decree to a higher court.

Example 4:

Vikram and Priya are involved in a property dispute. They reach a mutual agreement and request the court to pass a decree based on their consent terms. The court passes a consent decree. Later, Vikram wants to appeal the decree, believing he made a mistake in the agreement. However, Section 96(3) states that no appeal shall lie from a decree passed by the court with the consent of parties, so Vikram cannot appeal the consent decree.

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