Appeal, Reference, Review & Revision CPC-VII-Appl.Ref Appeal, Reference, Review & Revision (Parts VII & VIII C.P.C.)

Appeals (Part VII) From Original Decrees (S.96):- Appeal lies from:- Original Decrees (including) Ex-parte Decree, But not from consent Decrees; From Final Decrees (S.97):- No Challenge to Preliminary Decree in Appeal against Final Decree;

Powers of Appellate Court To determine case finally; To remand a case; To Frame Issues & refer for trial; To Take or require to take additional evidence; Appeal is treated as a continuation of the suit

Second Appeals Second Appeal to High Court (S. 100); From original decree, First Appeal on points of law and facts, and Second Appeal only on points of law before High Court, subject to power U/S. 103; No Second Appeal if Subject matter is money upto RS. 25,000/-;

Appeals From Orders (S. 104) Orders generally cannot be appealed against, excepting the Appealable ones; But no second appeal from Appealable Orders;

Appeals From Orders Some Appealable Orders: (S. 104 & O. XLIII) Allowing or refusing (i) temporary injunction, (ii) appointment of Receiver; Allowing or Rejecting an application setting aside dismissal of a suit, or an exparte Decree; Refusing to set aside abatement of a suit; No second Appeal from an Order in Appeal under this section.[s.104(2)]

Appeals to Supreme Court (S.109) If High Court certifies involvement of a substantial question of law of general importance, and, In its opinion, the question needs decision by Supreme Court; Supreme Court’s own powers U/Art. 136, or under SC Rules unaffected (S.112);

Reference, Review & Revision (Part VIII) Reference (S.113):- By Trial Court to High Court- For opinion; Where validity of any Act, Ordinance or Regulation or its provision is doubtful; Case to be disposed off in conformity with decision of High Court (O.XLVII,R.3);

Review & Revision Review:- Of Judgement in the same Court, within 30 days (S. 114 & O. O.XLVII); Normally introduction of new matter / evidence not allowed; Revision:- Before Superior Court within 90 days on jurisdictional irregularity (Ss. 115 & 115A); Effect of 2002 amendment has severely curtailed Revisional Jurisdiction;

Suits by & against Minors / Persons of unsound mind (O. XXXII C.P.C.)

Suits by/ against minors-I CPC-VII-Appl.Ref Suits by/ against minors-I Minor – Person not having attained majority in terms of S. 3 of Indian Majority Act; To sue by next friend – if plaintiff (R.1);

Defending Minor in a Suit-I Minor to be defended in a suit by a Guardian (R.3) :- Court to appoint Guardian; Guardian to have no interest adverse to minor; Any person may be appointed Guardian by Court if there is no declared Guardian or other natural Guardian for minor ;

Defending Minor in a Suit-II Qualifications to be appointed Guardian for Suit (R. 4):- Person to be of sound mind; Must be a major; Has no interest adverse to minor’s interest ; Must give consent in writing; Court’s own an officer may be appointed if no one else is available, fit or willing to be Guardian;

Limitations of the Guardian -I CPC-VII-Appl.Ref Limitations of the Guardian -I Barred from receiving money of minor (R.6):- By way of compromise; Under decree or order in favour of minor; Court may permit Guardian / next friend to receive money / property subject to security; No security required from manager of HUF or a minor’s parent;

Limitations of the Guardian -II Barred from compromising suit (R. 7):- Leave of Court to be obtained; Affidavit and certificate required regarding minor’s benefit; Court may examine truth regarding minor’s benefit; Agreement / compromise made without Court's leave voidable;

Limitations of the Guardian -III CPC-VII-Appl.Ref Limitations of the Guardian -III Guardian/next friend barred from retirement (R. 8):- Procurement of another person necessary; Removal of next friend (R. 9):- Where interest is adverse; If closely connected with a defendant; If does not do duty; If leaves India etc. (1); If authorised Guardian seeks to be himself appointed;

When the child is a “man”-I Course by plaintiff on attaining majority (R. 12); Minor to elect himself; Next friend stands discharged after notification; Repudiation by minor co-plaintiff (R. 13); Court may strike out minor co-plaintiff if found unnecessary; May make him defendant if a necessary party; Next friend / co-plaintiff and defendant to be notified;

The child is a “man”-II All the above provisions pertaining to minors apply almost exactly to persons of unsound mind (R. 15); Unreasonable or improper Suit (R. 17):- On attaining majority plaintiff may apply for dismissal on above grounds; Notice required upon all;

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