types of appeal CPC 1908

✅ *TYPES OF APPEAL (CPC, 1908)*

1️⃣ *First Appeal (Against Original Decree) (Section 96 + Order 41)*
* A First Appeal is filed against a decree passed by a court that has original jurisdiction (like a Trial Court or District Court).
* In this appeal, the higher court can look at both facts and law, meaning the entire case is heard again in detail.

2️⃣ *Second Appeal (Against Appellate Decree) (Section 100 + Order 42)*
* A Second Appeal is filed against the judgment given in the First Appeal.
* This appeal is allowed only when there is a Substantial Question of Law.
* The High Court does not check facts again—only legal issues.

3️⃣ *Appeal from Orders (Section 104 + Order 43)*
* Some specific orders (which are not decrees) can be appealed.
* Only those orders listed in the CPC can be challenged—for example, an order granting or refusing a temporary injunction.
* The scope is limited to those specific orders only.

4️⃣ *Appeal Against Preliminary Decree (Section 97)*
* A preliminary decree decides rights of the parties but doesn’t end the whole suit—for example, deciding shares in a partition suit.
* If a party does not appeal at this stage, they cannot question this decision later in the final decree appeal.

5️⃣ *Appeal to the Supreme Court (Section 109 CPC + Article 136 Constitution)*
* This appeal is made against a judgment, decree, or final order of a High Court.
* It is allowed only when the case involves a very important legal question of national importance.
* It is highly restricted and usually needs a certificate from the High Court or Special Leave (SLP) from the Supreme Court...
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