A first appeal against a decree of a subordinate court lies to the High Court under Section 96 of the Code of Civil Procedure, 1908. A second appeal lies under Section 100 only where the case involves a substantial question of law. The limitation period is set by the Limitation Act, 1963.
- Category
- Appeals & Revisions
- Court or forum
- High Court, Trial and subordinate courts
- Type of content
- General information, not legal advice
- Last updated
Purpose and background
A civil appeal challenges a decree or order of a lower court. A first appeal lies to the High Court against a decree of a subordinate court under Section 96 of the Code of Civil Procedure, 1908, where the law allows it. A second appeal lies under Section 100 only on a substantial question of law. Certain orders are appealable under Section 104 and Order XLIII.
Jurisdiction: where is it filed?
The High Court hears appeals from the courts within its territory, subject to the valuation rules and the court's own appellate side rules.
Some statutes, such as the Commercial Courts Act, 2015, provide their own appeals. Where they do, that statute and the rules under it govern.
Procedural stages
- Obtain certified copies of the judgment and the decree or order.
- Check the limitation period under the Limitation Act, 1963. A delay needs an application under Section 5 giving reasons.
- Draft the memorandum of appeal with the grounds (Order XLI). In a second appeal, state the substantial question of law.
- File the appeal with the court fee and remove any registry objections.
- At the admission hearing the court may issue notice to the respondent and consider a stay of the decree.
- Records are called for, the appeal is heard, and a judgment is delivered.
Documents commonly required
- Memorandum of appeal
- Certified copy of the judgment and decree or order
- Copies of pleadings and key evidence, as the court's rules require
- Application for condonation of delay, if the appeal is late
- Application for stay, if sought
- Authority or vakalatnama and court fee
Limitation and timing
The Limitation Act, 1963 sets the period for each kind of appeal. Verify the period for the appeal in question from the Act and the court's rules before filing.
Common questions
What is the limitation period for a civil appeal to the High Court?
Under Article 116 of the Schedule to the Limitation Act, 1963, an appeal to the High Court from a decree or order is generally filed within 90 days, and an appeal to another court within 30 days, counted from the date of the decree or order. Verify the period for the specific appeal before filing.
Can a delay in filing an appeal be condoned?
Yes. Section 5 of the Limitation Act allows the court to admit an appeal after the period if the appellant shows sufficient cause for the delay. This is decided by the court and is not automatic.
Does filing an appeal stop the decree from being executed?
No. Filing an appeal does not by itself stay the decree. The appellant must apply for a stay, and the court decides it under Order XLI Rule 5 of the Code of Civil Procedure.
Official references
- India Code, for the text of Central Acts
- Supreme Court of India
- Official website and rules of the High Court concerned
- How to find the right High Court