Civil Procedure | Appeal from Original Decree

First Appeal under Section 96 CPC - Updated Civil Appeal Format

A practical specimen of a memorandum of first appeal against an original civil decree under Section 96 read with Order XLI of the Code of Civil Procedure, 1908, with current limitation, stay, court-fee and filing guidance.

Important correction: A proceeding under Section 96 CPC is an appeal from an original decree, not a revision petition. The older page incorrectly described the pleading as a "Revision Petition under Section 96."
Section 96 CPCAn appeal ordinarily lies from an original decree to the court authorised by law to hear appeals from that trial court.
Order XLI CPCGoverns the form, filing, admission, stay and hearing procedure for appeals from original decrees.
LimitationOrdinarily 30 days to a court other than a High Court and 90 days to a High Court under Article 116 of the Limitation Act, subject to the applicable law.

When does a First Appeal lie under Section 96 CPC?

Subject to any contrary provision in the CPC or another applicable law, Section 96 provides an appeal from every decree passed by a court exercising original jurisdiction to the court authorised to hear appeals from that court. An appeal may also lie from an ex parte original decree.

No appeal lies from a consent decree. Further, Section 96(4) restricts appeals in certain suits cognisable by Courts of Small Causes where the statutory monetary condition is met, except on a question of law.

The appellate forum is not automatically the District Judge. Whether the appeal lies to the District Court, High Court or another designated appellate court depends on the trial court, pecuniary jurisdiction, the relevant State Civil Courts legislation and any special statute governing the subject matter.

Limitation for filing a First Appeal

Under Article 116 of the Limitation Act, 1963, an appeal under the CPC to a High Court is ordinarily subject to a 90-day limitation period, while an appeal to any other court is ordinarily subject to a 30-day period. The starting point prescribed by the Schedule is the date of the decree or order appealed from, subject to computation provisions such as exclusion of the time lawfully required to obtain copies.

Where an appeal is filed after limitation, Section 5 of the Limitation Act permits admission upon showing sufficient cause for not filing within time. A separate delay-condonation application supported by an affidavit is ordinarily filed where required.

Updated First Appeal Format under Section 96 CPC

This is a general specimen. Adapt the court designation, valuation, court fee, parties, grounds and relief to the judgment and decree actually challenged and to the applicable High Court/District Court rules.

IN THE COURT OF ____________________________ AT ____________

CIVIL APPELLATE JURISDICTION

REGULAR FIRST APPEAL / CIVIL APPEAL NO. ____ OF 20__

Appellant
Mr./Ms./M/s. ________________
Full address
Original Plaintiff / Defendant No. ___
VERSUS
Respondent(s)
Mr./Ms./M/s. ________________
Full address
Original Plaintiff / Defendant No. ___

MEMORANDUM OF FIRST APPEAL UNDER SECTION 96 READ WITH ORDER XLI OF THE CODE OF CIVIL PROCEDURE, 1908

The Appellant respectfully prefers this appeal against the judgment and decree dated ____________ passed by the Court of ____________________________ in Civil Suit / O.S. No. ________ of ______, whereby briefly state the result of the suit.

Facts in Brief

  1. The Appellant was the plaintiff / defendant before the Trial Court.
  2. The suit concerned brief description of the dispute and relief claimed.
  3. The Trial Court framed issues including identify material issues and, after recording evidence, passed the impugned judgment and decree dated ____________.
  4. The certified / authenticated copy of the judgment and decree is filed in accordance with the applicable procedural and e-filing rules.
  5. The Appellant is aggrieved by the findings and decree for the reasons set out below.

Grounds of Appeal

  1. Because the impugned judgment and decree are contrary to law, the pleadings and the evidence on record to the extent specifically demonstrated in the grounds that follow.
  2. Because the Trial Court failed to correctly appreciate identify the particular oral/documentary evidence and consequently recorded an erroneous finding on Issue No. ____.
  3. Because the finding that state challenged finding precisely is contrary to relevant pleading, admission, document, statutory provision or binding precedent.
  4. Because the Trial Court applied an incorrect legal test in deciding identify issue, resulting in material prejudice to the Appellant.
  5. Because material evidence, namely identify document/testimony, was not considered / was misread, whereas irrelevant material was relied upon.
  6. Because the findings on burden of proof / limitation / jurisdiction / title / liability / damages / other issue are unsustainable for the reasons specifically stated herein.
  7. Because the relief granted/refused by the Trial Court is inconsistent with its own findings and/or exceeds or fails to give effect to the pleadings and proved case of the parties.
  8. Because the impugned decree otherwise suffers from errors of fact and law apparent from the record and requires interference by this Hon'ble Appellate Court.
  9. The Appellant seeks leave to urge such additional grounds as may lawfully be permitted at the time of hearing.

Limitation

The impugned judgment and decree are dated ____________. The appeal is within limitation after excluding the period permissible under law for obtaining the requisite copy/copies. If delayed, state that an application under Section 5 of the Limitation Act seeking condonation accompanies the appeal.

Jurisdiction

This Hon'ble Court has appellate jurisdiction because state the statutory/pecuniary basis and identify the court that passed the original decree.

Valuation and Court Fee

The appeal is valued at ₹____________ for the purposes of jurisdiction and court fee. Court fee of ₹____________ is paid in accordance with the applicable Court Fees legislation, State amendments and rules.

No Other Appeal

The Appellant states that no other appeal challenging the same decree has been filed by the Appellant before this or any other court, except give particulars if any related proceeding exists.

PRAYER

In these circumstances, the Appellant respectfully prays that this Hon'ble Court may be pleased to:

  1. admit and allow the present appeal;
  2. set aside / modify the judgment and decree dated ____________ passed in Civil Suit / O.S. No. ____________;
  3. decree the suit / dismiss the suit / remand the matter where legally warranted / grant the specific appellate relief sought;
  4. award costs of the appeal and such other appropriate relief as the circumstances require; and
  5. pass any further order that this Hon'ble Court considers just and proper.

Place: ____________

Date: ____________

APPELLANT

THROUGH COUNSEL
________________________
Advocate

Order XLI CPC: important filing points

Order XLI Rule 1 governs the memorandum of appeal. The memorandum must be signed by the appellant or authorised pleader, presented to the competent court or authorised officer, and accompanied by the documents required by the rule and applicable court practice. Grounds should be stated concisely, under distinct heads, without argument or narrative.

The precise requirements for certified copies, decree sheets, paper books, indexing, affidavits, vakalatnama, process fee, court fee and electronic filing are governed by the CPC together with the relevant High Court and District Court rules.

Does filing the appeal automatically stay the decree?

No. Under Order XLI Rule 5, merely filing an appeal does not by itself stay proceedings under the decree. A separate stay application should be filed where protection against execution or operation of the decree is required.

The appellate court considers the statutory requirements for stay, including substantial loss, promptness of the application and security where required. In a money decree, additional provisions of Order XLI may also become relevant.

Suggested filing checklist

  1. Memorandum of appeal with properly numbered grounds.
  2. Copy/certified copy of the impugned judgment as required by the applicable rules.
  3. Copy/certified copy of the decree appealed from.
  4. Application for stay under Order XLI Rule 5, if interim protection is required.
  5. Application for condonation of delay under Section 5 of the Limitation Act, if the appeal is late.
  6. Affidavit(s) supporting interlocutory applications where required.
  7. Vakalatnama / authority document.
  8. Appropriate court fee and process fee under the State-specific law/rules.
  9. Memo of parties and address for service in the prescribed form.
  10. Any additional documents, indexing, synopsis or e-filing forms required by the appellate court.

Situations requiring special care

A Section 96 appeal is directed against a decree. An appeal from an appealable order is generally governed by Section 104 read with Order XLIII, while a second appeal from an appellate decree is governed by Section 100 and requires a substantial question of law. A revision under Section 115 CPC is a different remedy and should not be described as a first appeal.

A decree passed on rejection of a plaint may amount to a "decree" within the CPC definition and can attract the appellate remedy, but the draft should accurately identify the order, decree and provision involved rather than using a generic form.

Official legal and filing resources

Corrections made to the older specimen

The older draft incorrectly called a Section 96 proceeding a "Revision Petition," assumed that every first appeal would lie to the District Judge, referred mainly to an "order" instead of properly distinguishing the judgment and decree, and used a State-specific court-fee reference as though universally applicable. The revised draft correctly treats the proceeding as an appeal from an original decree, incorporates Order XLI procedure and stay principles, supplies a limitation section, makes appellate jurisdiction and court fee State/court-specific, and replaces generic grounds with structured grounds that must be adapted to the actual record.