WHAT IS FIRST APPEAL?
An appeal is a right of the aggrieved provided by a statute or an act. One can only appeal if a provision for such appeal is provided in the statute. First Appeal lies against a decree passed by a court exercising original jurisdiction. The first appeal may or may not be filed in the High Court. First Appeal i.e. Appeal against original decree is filed under Section 96 of the Civil Procedure Code. An appeal shall lie before such court which is authorized to hear appeals from the inferior Court. Appeals may also lie from an original decree passed ex-parte. Hence, the remedy provided against the ex-parte decree is an Appeal against such decree. An appeal from a decree which is passed with the consent of the parties is barred.
WHEN DOES FIRST APPEAL LIE BEFORE HIGH COURT?
The distinction is made on the basis of the evaluation of the suit property. If the evaluation of the suit property is more than Rs. 25 lacs, only then the first appeal shall be filed before the Hon’ble High Court. That means the original suit was filed before the Civil Judge Senior Division who has unlimited pecuniary jurisdiction. The procedure for filing the first appeal in the High Court is provided in the Allahabad High Court Rules (Rules of the Court, 1952) under Chapter IX. The certified copy of the order under challenge has necessarily to be filed before the high court along with the paper book.
WHO CAN APPEAL?
A party to a suit who is adversely affected by the decree may file an appeal. Hence, for locus standi before the court, the person must be aggrieved. An appeal cannot be filed only when there is an agreement/ compromise i.e. suit is decided on the basis of the consent of the parties, between the parties to that effect.