Appeal from the decisions of the District Court in the Civil or Criminal Matter lie to the High Court. As per the hierarchy of Courts, the trial courts are subordinate to the High Court to administer civil and criminal cases. The Code of Criminal Procedure regulates the civil court whereas the Criminal Procedure Code governs the Criminal Court.
There are mainly three types of jusridsictions by which the matters are entertained by the civil or criminal court. These are as follows:
- Territorial Jurisdiction
- Pecuniary Jurisdiction
- Jurisdiction with respect to the subject matter of the case.
Appeal is considered to be a process by which the judgment or the order of the subordinate court is challenged before the High Court. This can be filed any person who is a party to the dispute and in case of death of the person, the legal heirs or the representative files the same before the High Court or can continue to maintain such appeal. The person who files the appeal or continues to maintain the appeal on behalf of the deceased person is known as the appellant. The court which hears such appeal is termed as the appellate court. The law has not given any inherent right to challenge the order of the subordinate court. The appeal can only be filed if it is specifically allowed by the law in the specific manner as mentioned by the Specific Courts.
Appeals in Civil Matters
Appeals filed against the order or judgment of the civil cases is considered as Civil Appeals, which are governed by the Civil Procedural Code. However, the High Court has the authority to frame its own procedures and rules to conduct the civil appeals.
Appeals from original decree
Any judgment/order or decree passed by the district judge or the additional District judge can be challenged before the High Court.
Second Appeal
The decree or the judgment passed by the appellate civil court is considered to be the first appeal and if such judgment or the decree is challenged before the High Court, then in that case, the appeal is considered to be the second appeal. In a case where a substantial question of law is involved, the second appeal can be filed against an ex-parte decision of the appellate court.
Grounds of Appeal
- The decree or judgment passed by the court can be challenged on the basis of the facts of the case and the legal interpretation of the legal provisions.
- In the cases where the party to the dispute raises any objection with respect to the territorial and pecuniary jurisdiction of the court passing the judgment and the decree.
- On the basis of the failure of justice relating to the incompetency of the court.
- In the cases where the parties to the dispute have not joined in the original suit, in such matters appeal lie against the judgment/ decree of such court.
- Where there is a challenge to the interpretation of law which are applied by the subordinate court
- On the grounds of any defect or error or irregularity in the legal proceedings of the case
- In the cases where the substantial question of law exists and it is affecting the rights of the parties.