Civil

Regular First Appeal under Section 96 CPC

A Regular First Appeal is a statutory challenge to a decree passed by a court of original civil jurisdiction. It seeks to have the appellate court re-examine the findings of fact and law recorded in the judgment and set aside, modify, or confirm the decree.

This memorandum of appeal is the initiating pleading that frames the dispute before the appellate forum. It must concisely state the grounds of objection to the decree, and it is governed by Section 96 of the Code of Civil Procedure, 1908, read with the procedural rules in Order XLI.

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Governing law
CPC ss.96-99A r/w Order XLI; Limitation Act 1963 Arts.116-117
Sections
s. 96s. 97s. OXL1R1s. OXL1R5
Filed before
District Court / High Court

When this is the right filing

  • When a party is aggrieved by a decree passed by a Munsiff or Civil Judge (Junior or Senior Division) and wishes to challenge it before the District Court.
  • When a party is aggrieved by a decree passed by a District Court, City Civil Court, or a court of equivalent grade and wishes to challenge it directly before the High Court.
  • When the decree is a 'decree' within the meaning of Section 2(2) CPC and is appealable under Section 96, and the challenge is on facts and/or law.
  • Do not use this for a second appeal, which lies only on a substantial question of law under Section 100 CPC to the High Court against a decree passed in a first appeal.

What the court looks for

  • A clear identification of the specific paragraphs of the judgment and the issues framed by the trial court that are being challenged.
  • Grounds of objection that are concise and precise, stating exactly why a finding or reasoning is erroneous, without elaborating full arguments.
  • A properly constituted memorandum with a complete index, memo of parties showing original trial court designations, and a synopsis with a list of dates.
  • A specific prayer for the stay of the execution of the decree under Order XLI Rule 5, if interim protection is sought.
  • Proof that the appeal is within limitation or accompanied by a separate application for condonation of delay under Section 5 of the Limitation Act, 1963.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Index
  2. 2Court fee
  3. 3Memo of parties
  4. 4Synopsis
  5. 5List of dates & events
  6. 6Facts
  7. 7Grounds
  8. 8Prayer
  9. 9Affidavit in support
  10. 10Annexures
  11. 11Vakalatnama
How it opens
[synopsis] before the learned [trial court] in respect of [subject matter]; by the impugned judgment and decree dated [impugned date], the trial court decreed / dismissed the suit on the ground that [trial court finding]; the finding is against the weight of evidence, the settled legal principles, and warrants interference in the first appeal. The relief sought is that the impugned decree be set aside and the suit…

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a first appeal and a second appeal?

A first appeal under Section 96 CPC is a re-hearing on facts and law against a decree of an original court. A second appeal under Section 100 CPC lies only to the High Court against a decree passed in a first appeal and is restricted to a substantial question of law.

Can I raise a new ground of objection during the hearing that was not in the memorandum?

No. Order XLI Rule 2 CPC mandates that the memorandum must set out all grounds of objection. A ground not taken in the memorandum cannot be raised at the hearing without the express leave of the appellate court.

Where is a first appeal filed against a decree of a Senior Civil Judge?

The forum depends on the valuation and the court that passed the decree. A first appeal against a decree of a Munsiff or Civil Judge (Junior/Senior Division) lies to the District Court. A first appeal against a decree of the District Court itself lies directly to the High Court.

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