FACULTY OF LAW, ALIGARH MUSLIM UNIVERSITY

ASSIGNMENT: FIRST GENERAL CLASS TEST

SESSION: 2020-21

TOPIC: DETAILED ANALYSIS OF APPEAL FROM ORIGINAL DECREES-

SECTION 96 & ORDER 41 OF CPC

SUBJECT: CIVIL PROCEDURE CODE-II

SUBMITTED BY: AINAM FATIMA

ROLL NO.: 17BALLB043

ENROLLMENT NO.: GI6905

CLASS: B.A.L.L.B. (4th Yr., VII SEM.)

SECTION: A

CONTACT: 7464886684

EMAIL ID.: [email protected]

SUBMITTED TO- MR. SALIL KUMAR

 CONTENTS

1. ACKNOWLEDGEMENT

2. INTRODUCTION

3. APPEAL: AN OVERVIEW

4. FIRST APPEAL AND ITS PROCEDURE: SECTION 96 r/w ORDER 41, CPC

5. POWERS OF APPELLATE COURT: SECTION 107, RULES 23- 29, CPC

6. CONCLUSION

7. BIBLIOGRAPHY
 ACKNOWLEDGEMENT

Presentation, inspiration, and motivation have always played a key role in the success of any
venture.

I express my sincere thanks to MR. SALIL KUMAR, for teaching me Code of Civil
Procedure and clearing each and every doubt regarding the subject, encouraging me to the
highest peak and providing me the opportunity to prepare this assignment. I am immensely
obliged to my seniors for elevating my inspiration, encouraging guidance and kind
supervision in the completion of this assignment on the topic-

“DETAILED ANALYSIS OF APPEAL FROM ORIGINAL DECREES- SECTION

96 & ORDER 41 OF CPC”

Last, but not the least, I feel to acknowledge my deep sense of gratitude to my parents and
friends who are an important inspiration for me so with regards, express my gratitude to
them.
 INTRODUCTION

The judicial process in India depends on the application of ‘judicial mind’ and ‘judicial
reasoning’ to decide a dispute. This application of mind is made by the judge, who hears the
case. A judge is ultimately a human being and there is a very famous saying, as ‘a man is to
err’, so the whole judicial system which depends on the human being is not immune to errors
or mistakes. These errors can only be checked by way of appeal, revision, review, etc. It
means, any person who feels aggrieved by any decree or order passed by any court may
prefer an appeal in a superior court if an appeal is expressly provided by the statute against
that order or decree or may makes an application for review or revision if no appeal lies.
However, in certain cases, a subordinate court may make a reference for seeking the legal
opinion of High Court on question of law.

Sections 96 to 99A; 107 & Order 41 of the Code of Civil Procedure, 1908 deal with
appeals from original decrees known as First appeals. This assignment seeks to analyse the
meaning of appeal with special reference to First Appeal and its procedure focussing on
Section 96, 107 & Order 41 of the Code and finally the assignment concludes.
 APPEAL: AN OVERVIEW

MEANING: An appeal is a remedial concept determined as an individual’s right to seek

justice against an unjust decree/order by referring it to a Superior Court. An appeal is a
continuation of a suit and not a fresh suit.

The expression “appeal” has not been defined in the Code but according to dictionary
meaning, appeal is “the judicial examination of the decision by a higher court of the decision
of an inferior court”. In other words, it is a complaint made to the higher court that the decree
passed by the lower court is unsound and wrong1.

In Nagendra Nath Dey v. Suresh Chandra Dey2, Sir Dinsha Mulla stated:

“There is no definition of appeal in the CPC, but their Lordships have no doubt that any
application by a party to an appellate court, asking to set aside or reverse a decision of a
subordinate court, is an appeal within the ordinary acceptation of the term.”

RIGHT OF APPEAL: A STATUTORY AND SUBSTANTIVE RIGHT

Right of appeal is not a natural or inherent right. It is a statutory and substantive right and not
merely a procedural right. An appeal is a creature of statute so, there is no right of appeal
unless it is clearly and expressly provided by the statute. But if an act does not provide a right
of appeal, it cannot be declared ultravires or unconstitutional

ESSENTIALS:
Every appeal has three basic elements:
1. A decree passed by a judicial/administrative authority.
2. An aggrieved person, not necessarily a party to the original proceeding; and
3. A reviewing body ready and willing to entertain an appeal3.

1
Shuvneek Hayer, “First Appeal” available at: lawtimesjournal.in/first-appeal/ (accessed on: 29/09/2020).
2
AIR 1932 PC 165

3
Yamini Jain, First appeal under CPC available at: https://blog.ipleaders.in/first-appeals-under-the-code-of-
civil-procedure-1908/(accessed on: 29/09/2020).
WHO MAY APPEAL? Ordinarily, only a party to a suit adversely affected by the decree or
any of his representatives-in-interest has the locus standi to prefer an appeal. But a person
who is not a party to civil suit may prefer an appeal with the leave of the court if he is either
bound by the decree/order or is aggrieved by it or is prejudicially affected by it.

Jatan Kumar v. Golcha Properties4 and Noida v. Rambal5, in both these cases Supreme
Court viewed that- we cannot disallow any person from preferring an appeal whose right has
been prejudicially affected by judgement or decree passed by lower court in which such
person was not a party to suit. Thus, he may prefer an appeal with the leave of the court.

WHO CANNOT APPEAL? The right of appeal is lost by following means-

1. By Waiver- if a party agrees not to appeal or waives his right to appeal then, he cannot file
an appeal and will be bound by an agreement provided such agreement is valid and is based on
lawful or legal consideration and is not otherwise illegal.

2. By Acceptance of Benefit- where a party has accepted the benefits under a decree of the
court, he can be estopped from questioning the legality of that decree. According to Scrutton,
L.J., “you cannot take the benefit of a judgment as being good and then appeal against it as
being bad.”

3. By abolition of forum to which appeal lies- vested right of appeal is destroyed where a
court to which an appeal lies is abolished altogether without any forum being substituted in its
place6.

TYPES OF APPEAL: Under Civil Law, two appeals are available to a party aggrieved by the
decree of a lower court- First Appeal and Second Appeal.
The sub-categories under appeals are:
1. Appeal from original decree i.e. First appeal either to District court or High Court;
2. Appeal from appellate decree i.e. second appeal either to HC or SC;
3. Appeal to the Supreme Court and
4. Appeal from order.

4
AIR 1971 SC 374
5
AIR 1991 SC 16
6
Anshul Singhal, “ First appeal under CPC” available at: https://www.scribd.com/document/342288166/First-
Appeals-under-CPC (accessed on: 29/09/2020)
Let us discuss meaning, concept and procedure of filing First appeal as provided under
Section 96, 107 and order 41 of the Code of Civil Procedure.

FIRST APPEAL AND ITS PROCEDURE: SECTION 96 r/w ORDER 41, CPC

MEANING:
An appeal filed against a decree passed by a court exercising original jurisdiction i.e. appeal
from original decrees is known as First Appeal. Provisions regarding first appeal are provided
under Section 96-99A and Order 41, CPC.

First appeal can be preferred either in District Judge Court or in High Court subject to
valuation of suit under Section 96 of the Code. Especially in Uttar Pradesh, first appeal can
be preferred in District Judge Court if the valuation of suit is upto Rs. 25 lakhs. But if the
valuation of suit is above Rs.25 lakhs, then first appeal can be preferred before High Court
directly.

GROUNDS ON WHICH FIRST APPEAL CAN BE PREFERRED:

First appeal can be preferred either on a question of fact, or on a question of law, or on a
mixed question of fact and law. Whereas a second appeal can be filed only on a substantial
question of law.

Section 96. Appeal from original decree-

(1) Save where otherwise expressly provided in the body of this Code or by any other law for
the time being in force, an appeal shall lie from every decree passed by any Court exercising
original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.
(2) An appeal may lie from an original decree passed ex-parte.

(3) No appeal shall lie from a decree passed by the Court with the consent of parties.

(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature
cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the
original suit does not exceed ten thousand rupees.
Section 96 of the Code recognises the right of appeal from every decree passed by any court
exercising original jurisdiction. Following two conditions must be satisfied before filing first
appeal under this section-

1. the subject-matter of appeal must be a “decree”, i.e. a conclusive determination of the

rights of the parties with regard to all or any of the matter in controversy, and

2. the appellant must have been adversely affected by such determination7.

Limitation Period- Article 116 of the Schedule of Limitation Act, 1963 provide, an appeal
against a decree or order can be filed in a High Court within 90 days and in any other court
within 30 days from the date of the decree or order appealed against.

APPEAL AGAINST EX-PARTE DECREE: SECTION 96(2)

Section 96(2) provides that an ex-parte decree is also appealable. Against ex-parte decree, a
defendant has two remedies- either to file an appeal against such ex-parte decree under
section 96(2) or to file an application under Order IX Rule 13 for setting aside such ex-parte
decree. Both these remedies are concurrent and can be resorted to simultaneously but cannot
be avail one by one. Thus, appeal can be filed only when no such application has been moved
but if the appeal has been filed and dispose of, then no application will be made under Order
9, Rule 13.

NO APPEAL AGAINST CONSENT DECREE: SECTION 96(3)

Section 96(3) declares that no appeal shall lie against a consent decree.
This provision pre-supposes that the parties to suit can, expressly or impliedly, waive their
right of appeal by any lawful agreement or compromise or even by conduct and the
consideration for such agreement involved in the consent decree is that both the sides give up
their right of appeal. Thus, such consent or compromise decree is not appealable8.

But where the fact of compromise is in dispute or the compromise decree is challenged on the
ground that such compromise is not valid or lawful then, such decree cannot be said to be a
consent decree and thus appealable.

7
C.K.Takwani, Civil Procedure with Limitation Act, 1963 478( Eastern Book Company, Allahabad 8th edition,
2017)
8
Id 481
Further, compromise decree is not appealable but disputed compromise decree is appealable.

Kishun @ Ram Kishun (Dead) Thru. Lrs. v. Bihari (D) By Lrs9.

Bench of Cji R.C. Lahoti, C.K. Thakker, P.K. Balasubramanyam of Supreme Court are of the
view- whenever the consent decree is passed by the lower court then, no appeal can be
preferred against such decree but if any decree is being passed on the basis of disputed
compromise then, appeal can be preferred against such disputed compromise decree.

NO APPEAL IN PETTY CASES: SECTION 96(4)

Section 96(4) has been inserted by the Amendment Act of 1976. Prior to 1976, Section 96
allowed a first appeal against every decree howsoever petty claim as may be.
But now, section 96(4) provides that no appeal shall lie, except on a question of law, from
decrees passed in any suits cognizable by JSCC where the amount or value of the subject-
matter of the original suit does not exceed ten thousand rupees. It means, appeal from
decrees of such court will always lie on question of law even if the valuation does not exceed
Rs.10,000.

Object of section 96(4) is to reduce appeals in petty cases. Such restrictions are necessary in
the interests of the litigants themselves so that they should not be encouraged to appeal on
facts in trivial cases.

9
2006 V.24 LCD 110 SC
 PROCEDURE FOR PREFERRING FIRST APPEAL- ORDER XLI

Section 96-99A enact substantive law with regard to first appeal, while Order 41 lays down
the procedure for preferring appeal from original decrees.

FORM OF APPEAL

An appeal can always be preferred in the form of memorandum of appeal. The expressions
appeal and memorandum of appeal denote two different things. The appeal is the judicial
examination by a higher court of the decision of the inferior court while the memorandum of
appeal contains the grounds on which the judicial examination is invited.

RULE 1: In order that an appeal may be said to be validly presented, following requirements
must be complied with:
1. It must be in the form of memorandum.
2. It must be signed by the appellant or his pleader.
3. It must be presented to the Court or to such officer as it appoints in this behalf.
4. The memorandum shall be accompanied by a (certified) copy of the Judgment10.
5. Where the appeal is against a money decree, the appellant must deposit the decretal
amount or furnish the security within such time as the appellate court may allow11.

The memorandum of appeal must contain the grounds of objections to the decree appealed
from, concisely and under distinct heads, without any argument or narrative and should be
numbered consecutively12.

RULE 2 precludes the appellant from urging any grounds of objection which is not set forth
in the memorandum of appeal except with the leave of the court. However, the appellate
court, while deciding the appeal, will not only be confined to those grounds of objections
which are either set forth in memorandum of appeal or taken by appellant with the leave of
court but, it shall rest its decision on any other ground also after giving sufficient opportunity
of being heard to the party who may be affected thereby.

Now, when the memorandum of appeal validly prepares then, the question is that in which
court it has to be presented? In this regard Rule 9 is there.

10
Rule 1(1)
11
Rule 1(3)
12
Rule 1(2)
RULE 9 states that the Court from whose decree an appeal lies shall entertain the
memorandum of appeal and shall endorse thereon the date of presentation and shall register
the appeal in a register of appeal.

Further, RULE 3-A has been inserted by the Amendment Act of 1976 which provides that,
where an appeal has been presented after the expiry of the period of limitation then, it should
be accompanied by an application for condonation of delay that the applicant had sufficient
cause for not preferring an appeal within the said time.

RULE 3 provides that where the memorandum of appeal is not in the proper form then, the
court may either-
a. reject it after recording the reasons for such rejection, or
b. return it to the appellant for the purpose of being amended within a time fixed by the court
or be amended then and there. Thereafter, when the memorandum of appeal is amended, the
judge or such other officer shall sign or initial the amendment.

Further, appellate court may also require the appellant to furnish security for costs of appeal,
or of original suit, or of both, but where the appellant is residing out of India and does not
possess sufficient immovable property within India other than the subject matter of appeal,
then it is obligatory on the appellate court to demand such security13.

If such security is not furnished within such time as the Court orders, the Court shall reject
the appeal. But if the appellant has furnished the security so required, then the appellate court
will finally admit the memorandum of appeal filed by the appellant.

STAY OF PROCEEDING AND OF EXECUTION

RULE 5 provides for stay of a proceeding under the decree or stay of an execution of decree.
Sub-rule (1) provides that after an appeal has been filed, the appellate court may on sufficient
cause being shown order the stay of proceedings under the decree or execution of such decree.
But mere filing of an appeal does not automatically stay the proceeding under decree or the
execution of a decree.
Explanation to Rule 5(1) clarifies that an order of stay becomes effective from the date of
the communication of such order to the Court of first instance and not prior thereto.

13
Rule 10
Sub-rule (2) provides that where an application is made for stay of execution of an appealable
decree before the expiration of the time allowed for appealing therefrom, the Court which
passed the decree may on sufficient cause being shown order the execution to be stayed.

CONDITION: Following condition must be satisfied before such stay has been granted-
1. The application has been made without any unreasonable delay,
2. Substantial loss will result to the applicant unless such order for stay is made, and
3. Security for the due performance of the decree has been given by the applicant14.

The Object underlying Rule 5 is to safeguard the interest of both; Decree-holder and
Judgement-debtor. As, it is the right of decree-holder to enjoy the fruits of decree while it is
the right of judgement-debtor to prefer an appeal if it is maintainable, thus Rule 5 strike a just
and reasonable balance between these two opposite rights15.

The Court may also make an ex parte order for stay of execution pending the hearing of the
application if the above conditions are satisfied16. Where the appellant fails to make the
deposit or furnish the security as specified in sub-rule (3) of rule 1, then the Court shall not
make an order staying the execution of the decree17.

However, Rule 3A (3) provides that the Court shall not make an order for the stay of
execution of the decree so long as the Court does not, after hearing under rule 11, decide to
hear the appeal. It means, if the appellate court does not dismiss the appeal summarily under
11, then only it can pass an order for stay of execution of decree.

SUMMARY DISMISSAL AND PROCEDURE ON HEARING

Once the appellate court finally admit the memorandum of appeal filed by the appellant, then
it shall fix a day for admission hearing i.e. day on which court applies its mind on merits of
the case and either dismiss the appeal summarily or admit the appeal for final hearing.

14
Rule 5(3)
15
Id 490
16
Rule 5(4)
17
Rule 5(5)
SUMMARY DISMISSAL

Rule 11 deals with the power of appellate court to dismiss an appeal summarily. Rule 11A
enjoins the appellate court to hear every appeal expeditiously and to make all endeavours to
conclude admission hearing within 60 days from the date of filing of memorandum of appeal.

a) The appellate Court, after fixing a day for hearing the appellant or his pleader and hearing
him accordingly if he appears on that day, may dismiss the appeal summarily if prima facie
there is no substance in it or grounds of objections are not triable issues18.

b) If on the day fixed or any other day to which the hearing may be adjourned, the appellant
does not appear when the appeal is called on for hearing, the Court may dismiss the appeal
summarily19.

The dismissal of an appeal summarily shall be notified to the Court from whose decree the
appeal is preferred. Where an Appellate Court other than High Court dismisses an appeal
summarily, then it shall record the reasons for doing so.

But if an appeal does not dismiss summarily on admission hearing under Rule11 and
appellate court admits such appeal for regular hearing then, it shall fix a day for hearing of
appeal and notice of such date of hearing shall be served upon the respondent with the copy
of the memorandum of appeal20. Thereafter, the procedure on hearing follows.

PROCEDURE ON HEARING

RULE 16 provides that the appellant has a right to begin. If after hearing the appellant in
support of appeal, appellate court does not dismiss the appeal summarily under Rule 11(1)
then, it will hear the respondent against the appeal and the appellant shall then be entitled to
reply.

Rule 11(2) and Rule 17(1) deals with dismissal of appeal for default. In such situation, the
appellant may apply to the appellate court for re-admission of appeal under Rule 19 and if it
is proved that he was prevented by any sufficient cause from appearing on the day when the
appeal was called on for hearing, then the Court shall re-admit the appeal.

18
Rule 11(1)
19
Rule 11(2)
20
C.K.Takwani opcit, 493
However, Rule 17(2) provides that where the appellant appears and the respondent does not
appear, then the appeal shall be heard ex parte. In such situation, the respondent may apply to
the appellate court for re-hearing of appeal under Rule 21 and if it is proved that the notice
was not duly served or that he was prevented by any sufficient cause from appearing on the
day when the appeal was called on for hearing, then the Court shall re-hear the appeal.
Further, Rule 22 permits the respondent who has not filed an appeal against the decree to
object the said decree by filing cross-objections in the appeal filed by the opposite party i.e.
appellant.

POWERS OF APPELLATE COURT: SECTION 107, RULES 23- 29

Powers of the appellate are provided under Section 107 and Rules 23-29 of the Code.

1. Power to decide a case finally

Section 107(1)(a) & Rule 24 of Order 41 provides that where the evidence on record is
sufficient to enable the Appellate Court to pronounce judgment, it may determine the suit
finally notwithstanding that the judgment of the trial court has proceeded wholly upon some
ground other than that on which the Appellate Court proceeds.

2. Power to remand: Section 107(1)(b) & Rule 23-23A

Remand means to send back. Rule 23 provides that where the trial court has decided the suit
upon a preliminary point and the appellate court reverses the decree so passed, then the
Appellate Court may remand the case and directs the trial court to try such issue or issues in
the case so remanded.

While remanding a case, appellate court shall also send a copy of its judgment and order to
the trial court and directs the lower court to re-admit the suit under its original number in the
register of civil suits, and proceed to determine the suit and the evidence recorded during the
original trial shall be evidence during the trial after remand21.
Rule 23A empowers the appellate court to remand a case where the trial court has disposed of
the suit otherwise than on a preliminary point.

21
Id 502
3. Power to frame issues and refer them for trial: Section 107(1)(c) & Rule 25-26

Where the trial court has omitted (i) to frame any issue; or (ii) to try any issue; or (iii) to
determine any question of fact, which is essential for right decision of the suit on merits then,
the appellate Court set aside the decree of lower court and frame new issues by altering
previous issues and refer the same for trial only to the trial court and directs such court to take
the additional evidence also. Thereafter, the trial court will try such issues and shall return the
evidence and its findings with reasons to the Appellate Court within the time limitation.

Distinction- After remanding a case under Rule 23-23A, the whole case goes back for
decision to the lower court but under Rule 25, the case is retained in the file of appellate court
and only issues are remitted to lower court for trial and findings22.

4. Power to take additional evidence: Section 107(1)(d) & Rule 27-29

General rule is that the appellate court shall decide an appeal on evidence led by parties
before trial court and should not admit additional evidence for disposal of an appeal as Rule
27(1) provides -“ The parties to an appeal shall not be entitled to produce additional evidence,
whether oral or documentary, in the Appellate Court”. But Section 107(1)(d) is an exception
to the general rule and empowers an appellate court to take additional evidence subject to
conditions laid down in Rule 27.

Conditions- Rule 27 provides circumstances in which appellate court may admit additional
evidence, whether oral or documentary, in appeal. They are-
a) Where the lower court has improperly refused to admit evidences which ought to have
been admitted, or

b) Where such additional evidence was not within the knowledge of the party seeking to
adduce such evidence or could not, even after the exercise of due diligence, be produced by
him at the time when the lower court has passed the decree, or

c) where the appellate court itself requires such evidence either (i) to enable itself to
pronounce judgment, or (b) for any other substantial cause23.

22
Id 507
23
Id 508
Also, when the appellate court allows such evidence or document to be produced or witness
to be examined, it shall record the reasons for doing so. The appellate court may either take
such evidences by itself, or may direct the trial court or any other subordinate Court, to take
such evidences and send them back to the Appellate Court.

CASE- Shyam Prasad Mishra & Ors. v. Vijay Pratap Singh & Ors.24

Allahabad HC bench: Justice R. Mishra, Justice K. Murari, viewed that – It is the duty of
every appellate court to decide the appeal by examining those evidences which were led by
parties before the trial court but, if any other additional evidences are important one then, it
shall also be taken into consideration and shall be examined.

Once the hearing of parties or their pleader completes, evidences, documents and witnesses
are examined accordingly then, the provisions dealing with the judgement and decree of
Appellate court i.e. Rule 30-37 of Order 41 will apply and the appellate court will
pronounce the judgement in open court either at once or on some future day after giving
notice to the parties or their pleaders and thereafter, the decree will follow. After that,
certified copies of the judgment and decree shall be sent to the lower court and shall be
furnished to the parties at their expense on an application being made to the Appellate Court.

IMPORTANT CASES ON FIRST APPEAL-

Hakam Singh v. State of Haryana & Ors.25, in this case Supreme Court viewed that-
whenever the first appeal has been preferred against judgement& decree passed by the lower
court then, before the disposal of appeal, the appellate court has to consider the grounds on
which judgement & decree was passed by the lower court.

Vishwanath & Ors. V. Babulal &Ors.26 in this case, Allahabad High Court viewed that-
whenever the first appellate court will revert the decree passed by the lower court then, the
appellate court has to consider the reasons given by the lower court.

24
2006 V.24 LCD 368 ALL. HC
25
2009 V.27 LCD 619 SC
26
2014 V. 32 LCD 469
 CONCLUSION

This assignment concludes that the expression appeal has not been defined in the Code of Civil
Procedure 1908. It is an application or petition to higher Court for consideration of the decision
of lower court. Appeal can only lie against a decree and not against judgement. Right to appeal
is neither an inherent nor natural right, it is creature of statute i.e. statutory and substantive
right. Right to appeal doesn’t arise when adverse decision is given, but it accrues in favour of
litigant on the day suit is instituted i.e. proceedings commenced, right to appeal get conferred.
When a party is aggrieved by the decree or order of the lower court, then firstly he will go for
appeal against such decree or order in the superior court if an appeal is provided against it by
the statute. In this regard, Section 96-99A & Order 41 provides for appeal from an original
decree. Section 100-103 & Order 42 provide for appeal from an appellate decree. Section 109
& Order 45 provides for appeal to the Supreme Court and Section 104-106 & Order 43 provides
for appeal from orders as distinguished from decrees. Also, Section 107 provides the powers
of Appellate court and as per Section 108, procedure of filing appeal from original decrees
shall also apply to appeal from appellate decrees as well as appeal from orders.
 BIBLIOGRAPHY

1. C. K. Takwani, Civil Procedure with Limitation Act, 1963 (Eastern book Company,
Allahabad 8th edition, 2017).

2. The Code of Civil Procedure, 1908.

WEB LINKS REFERRED

1. Shuvneek Hayer, “First Appeal” available at: http://lawtimesjournal.in/first-appeal//

(accessed on: 29/09/2020)

2. Yamini Jain, “ first appeal under Code of Civil Procedure, 1908” available at:
https://blog.ipleaders.in/first-appeals-under-the-code-of-civil-procedure-1908/ (accessed on:
29/09/2020)

3. Harsh deep Singh, “ Appeal” available at: https://www.legalbites.in/appeals-civil-

procedure/(accessed on: 29/09/2020)

4. Anshul Singhal, “ First appeal under CPC” available at:

https://www.scribd.com/document/342288166/First-Appeals-under-CPC (accessed on:
29/09/2020)