Code of Civil Procedure, 1908 · Part VII: Appeals

Section 96 CPC: Appeal from original decree

Bare Act text

96. Appeal from original decree.—(1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.

(2) An appeal may lie from an original decree passed ex parte.

(3) No appeal shall lie from a decree passed by the Court with the consent of parties.

[(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed [ten thousand rupees].]

Amendment notes

Ins. by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977).
Subs. by Act 46 of 1999, s. 9, for “three thousand rupees” (w.e.f. 1-7-2002).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Unless the Code or another law provides otherwise, an appeal lies from every decree passed by a Court exercising original jurisdiction to the Court authorised to hear appeals from it. An appeal may lie from an ex parte original decree, but not from a decree passed by consent of the parties. No appeal lies, except on a question of law, from a decree in a suit cognisable by Courts of Small Causes where the value does not exceed ten thousand rupees.