Courtesy: Anurag Mishra
A special appeal is an appellate remedy available in the Allahabad High Court via Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952, to challenge certain orders passed by a single judge. It is an intra-court Appeal that allows for a review of the legal correctness of the order. If the factual findings are perverse, then the Court can also interfere.
What is a special appeal and how does it differ from a regular appeal?
A special appeal is a distinct appellate process available in the Allahabad High Court, governed by the Allahabad High Court Rules, 1952.
Chapter I Rule 3 of the Allahabad High Court rules provide for the definition of a Special Appeal, which is as follows:
Special Appeal” means an appeal from the Judgment of one Judge;
Chapter VIII Rule 5 of the Allahabad High Court Rules provide for Special Appeal –
Special appeal :- An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of appellate jurisdiction) in respect of a decree or order made by a Court subject to the superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of superintendence or in the exercise of criminal jurisdiction or in the exercise of the jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award–
(a) of a tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution, or
(b) of the Government or any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act of one Judge.
It is further made clear that unless the special appeal is excluded/abolished by any competent Act, the special appeal can be filed against the judgments of a Single Judge.
Special Appeal focuses on errors of law or jurisdiction. It is usually available only in certain cases, such as those involving orders passed by a single judge of the High Court in writ petitions.
Who is eligible to file a special appeal in the Allahabad High Court?
A special appeal can be filed by a party aggrieved by an order or judgement passed by a single judge of the High Court. Special appeals are often allowed in cases which are arising from civil proceedings, writ petitions, or judicial orders, where the appellant believes there has been an error of law or jurisdiction.
What are the cases that are specifically excluded from the ambit of Special Appeal?
In the landmark judgment of Sheet Gupta vs. State of U.P. and others, cases excluded from the ambit of Special Appeal have been laid down. Para 15 of the Judgment is important and is quoted here:
1. The judgment passed by one Judge in the exercise of appellate jurisdiction, in respect of a decree or order made by a Court subject to the Superintendence of the Court;
2. the order made by one Judge in the exercise of revisional jurisdiction;
3. the order made by one Judge in the exercise of the power of Superintendence of the High Court;
4. the order made by one Judge in the exercise of criminal jurisdiction;
5. the order made by one Judge in the exercise of jurisdiction conferred by Article 226 or Article 227 of the Constitution of India in respect of any judgment, order or award by
(i) the tribunal,
(ii) Court or
(iii) statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution of India;
6. the order made by one Judge in the exercise of jurisdiction conferred by Article 226 or 227 of the Constitution of India in respect of any judgment, order or award of
(i) the Government or
(ii) any officer or
(iii) authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act, i.e. under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution of India.”
What is the limitation period for filing a special appeal?
Chapter IX Rule 10 of Allahabad High Court Rules 1952 provides for a limitation period. It is quoted below:
10. Special Appeal :- (i) A person desiring to prefer a Special Appeal from the judgment of one Judge passed in the exercise of original jurisdiction shall present a duly stamped memorandum of appeal accompanied by a copy of the judgment appealed from within thirty days from the date of the judgment. The time requisite for obtaining the copy shall be excluded in computing the said period of thirty days.
If there is a delay in filing special appeal, then the memorandum of appeal must be accompanied by an affidavit explaining the cause of the delay. This has been provided under Rule 10(ii) which is quoted below:
(ii) Where a Special Appeal is presented after the expiry of the period mentioned in clause (i), the memorandum of appeal shall be accompanied by an affidavit explaining the cause of delay and it shall be rejected unless the appellant satisfies the Court that he had sufficient cause for not preferring the appeal within the aforesaid time.
How to prepare a Special Appeal?
Chapter IX Rule 10(iii) of the Allahabad High Court Rules 1952 provides for as to how a special appeal shall be drawn up. It is quoted below:
the memorandum of appeal shall be drawn up so far as may be in accordance with Rules 1, 6 and 7 of this Chapter.
Chapter IX Rule 7 of Allahabad High Court Rules 1952 lays down the requirements for memorandum of appeal. Moreover, Chapter IX Rule 10 further provides the intricacies of Special Appeal. Eg. Affidavit of Service, Summons, copies of pleadings, etc.