In ordinary civil proceedings under the Code of Civil Procedure, 1908, what is the source of a party’s right to appeal?
Question and options
In ordinary civil proceedings under the Code of Civil Procedure, 1908, what is the source of a party’s right to appeal?
A natural right to a rehearing
An inherent right independent of legislation
A statutory right conferred by law
A fundamental right guaranteed by the Constitution
Answer and explanation
An ordinary civil appeal is a statutory right: it exists only where a law confers it, and that law may regulate its exercise. It is not a natural, inherent or fundamental right. Sections 96 and 100 of the Code of Civil Procedure, 1908 are examples of provisions conferring appeals in defined circumstances.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Punjab Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision
Related exam syllabi
More solved explanations in CPC.14 Appeals
- Every decree and order passed by the court is appealable. Is it true?
- What is the usual legal character of a statutory right to a first appeal that has accrued when a civil suit is instituted?
- Under Order XLV Rule 1 of the Code of Civil Procedure, 1908, the term ‘decree’ shall include:
- Under the Code of Civil Procedure, 1908 (CPC), appeal from original decree lies
- Consider the following statements under the central Code of Civil Procedure, 1908. I. An appeal may lie from an original decree passed ex parte. II. No appeal lies…