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Section 96: Appeal from original decree

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 95 All 158 Sections of Code of Civil Procedure Section 97
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Decree Sec 2(2)

Legal Commentary & Landmark Judgments: Section 96

Section 96 of the Code of Civil Procedure, 1908 establishes the statutory right of appeal from original decrees passed by courts exercising original jurisdiction.

  • Appellate Remedies & Forum: Section 96(1) enacts the fundamental statutory right: '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.' Under sub-section (2), an appeal may lie from an original decree passed ex-parte.
  • Statutory Appellate Bar: Sub-section (3) enacts an absolute statutory bar against appeals from consent decrees. Sub-section (4) restricts appeals in petty suits cognizable by Courts of Small Causes, barring any appeal except on a substantial question of law where the subject-matter value does not exceed the statutory threshold.

Section 96 secures the substantive statutory right of first appeal from original decrees, enabling comprehensive appellate rehearing on both questions of fact and law.

Key Landmark Precedents:
  • Pushpa Devi Bhagat v. Rajinder Singh, (2006) 5 SCC 566: The Supreme Court held that Section 96(3) bars an appeal against a consent decree; a party challenging a compromise decree on grounds of fraud or misrepresentation must approach the same court under the proviso to Order XXIII Rule 3 CPC, rather than filing an appeal under Section 96.
  • Santosh Hazari v. Purushottam Tiwari, (2001) 3 SCC 179: The Supreme Court held that the first appeal under Section 96 is a valuable statutory right where the appellate court is a court of both fact and law, entitled to re-evaluate evidence and record independent findings.
  • Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787: The Court held that a defendant against whom an ex-parte decree is passed has concurrent remedies: file an application under Order IX Rule 13 CPC or prefer an appeal under Section 96(2).
Legal Commentary:

First appeal under Section 96 is a rehearing on facts and law. The appellate court has plenary jurisdiction to reverse findings of fact, reassess documentary exhibits, and remand proceedings under Order XLI. However, under Section 96(3), a consent decree signed by counsel or parties cannot be appealed; it can only be challenged before the trial court under Order XXIII Rule 3A CPC.

Section 95 All 158 Sections of Code of Civil Procedure Section 97