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

2. 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;

3. 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

4. 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/-;

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

6. 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)]

7. 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);

8. 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);

9. 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;

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

11. 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);

12. 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 ;

13. 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;

14. 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;

15. 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;

16. 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;

17. 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;

18. 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;

19. Thank You