Appeal (Civil) is the legal right of an aggrieved party to challenge a decree passed by a court exercising original jurisdiction, by having the case heard afresh by a superior court that can re-examine both questions of fact and law. Under Indian law, the first appeal from an original decree is governed by Section 96 of the Code of Civil Procedure, 1908, which provides that an appeal shall lie from every decree passed by a court exercising original jurisdiction, unless expressly barred by statute.
Legal definition
Section 96 of the Code of Civil Procedure, 1908 provides:
Section 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 the parties.
(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.
The appeal under Section 96 is the first appeal from a decree of a trial court. It provides the broadest scope of appellate review — the appellate court can re-examine the entire case, including questions of fact, evidence, and law, and can reverse, modify, or confirm the decree of the trial court.
How courts have interpreted this term
Madhukar v. Sangram [(1978) 3 SCC 326]
The Supreme Court held that in a first appeal from an original decree under Section 96, the appellate court has the duty to re-appreciate the entire evidence on record and reach its own independent conclusions on questions of fact and law. The first appellate court cannot simply endorse the findings of the trial court without independently examining the evidence.
H.K.N. Swami v. Irshad Basith [(2005) 10 SCC 243]
The Supreme Court reiterated that the first appellate court is the final court of fact and must deal with all issues raised. A cryptic or non-reasoned judgment by the first appellate court is liable to be set aside. The duty of the first appellate court is co-extensive with that of the trial court in the matter of appreciation of evidence.
Santosh Hazari v. Purushottam Tiwari [(2001) 3 SCC 179]
The Court established that the first appellate court has full power to review evidence and is duty-bound to consider the evidence as a whole, provide reasons for accepting or rejecting the trial court's findings, and record its own conclusions. A failure to do so constitutes a substantial irregularity in the exercise of jurisdiction.
Why this matters
The right to appeal is a substantive right under Indian law — it is not a mere privilege but a vested legal entitlement created by statute. Once a decree is passed by a trial court, the aggrieved party has an automatic right to file a first appeal under Section 96, without seeking leave or permission. This distinguishes the first appeal from the second appeal (which requires a substantial question of law) and from special leave petitions (which are discretionary).
For practitioners, the first appeal is the most critical post-decree remedy because it is the last forum where questions of fact can be fully re-examined. The second appeal under Section 100 is restricted to substantial questions of law, and the Supreme Court under Article 136 ordinarily does not interfere with concurrent findings of fact. Therefore, the quality and thoroughness of the first appeal determines the factual foundation for all subsequent challenges.
The limitation period for filing a first appeal is 30 days from the date of the decree for appeals to the High Court (Article 116, Limitation Act, 1963) and 90 days for appeals to the District Court (Article 116). The period runs from the date of the decree, not the date of the judgment.
Related terms
Related remedies:
Related concepts:
Frequently asked questions
Can a first appeal be filed against an ex parte decree?
Yes. Section 96(2) CPC expressly provides that an appeal may lie from an original decree passed ex parte. The aggrieved defendant has two remedies: apply to the trial court under Order IX Rule 13 to set aside the ex parte decree, or file a first appeal under Section 96. The defendant may pursue either or both remedies.
Is an appeal a right or a privilege?
A first appeal under Section 96 CPC is a matter of right, not discretion. Any party aggrieved by an original decree is entitled to file a first appeal without seeking leave of the court. This is in contrast to second appeals (which require formulation of a substantial question of law) and appeals to the Supreme Court (which require special leave under Article 136).
What is the limitation period for filing a civil appeal?
The limitation period is 30 days from the date of the decree for appeals to the High Court and 90 days for appeals to other courts, under Article 116 of the Limitation Act, 1963. The period begins from the date of the decree, and delay beyond this period must be explained with a condonation application.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.