Code of Civil Procedure, 1908 · Chapter VII: Appeals Appeals From Original Decrees
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 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.]]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 96
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Vikram Bhalchandra Ghongade v. The State of Maharashtra & Ors.
Whether the executing Court erred in dismissing the execution petition as not maintainable; whether the decree passed by the first appellate Court having been passed in an appeal, where both the appellants had expired…
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Dharmrao Sharanappa Shabadi and Others v. Syeda Arifa Parveen
Whether the impugned judgments suffer from perversity and misreading of evidence, warranting re-appreciation of evidence under Article 136 of the Constitution of India; whether the High Court is correct in reversing the…
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Iqbal Ahmed (Dead) By Lrs. & Anr. v. Abdul Shukoor
Issue arose whether it is necessary for the appellate court to consider the pleadings of the parties before adjudicating the prayer made for leading additional evidence u/Ord. XLI r.27(1) CPC.
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Kishundeo Rout & Ors. v. Govind Rao & Ors.
Whether the High Court rightly set aside the order passed by the First Appellate Court by which it had accepted the plea of adverse possession raised by the plaintiffs for the first time in appeal and decreed the suit.
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Thirunagalingam v. Lingeswaran & Anr.
An appeal suit along with the application for condonation of delay of 1116 days was preferred. The High Court allowed the application for condonation of delay of 1116 days. Whether the delay is to be condoned or not,…
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K. Valarmathi & Ors. v. Kumaresan
Can the High Court in exercise of its supervisory jurisdiction under Article 227 reject a plaint.
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Rajeev Gupta & Ors. v. Prashant Garg & Ors.
Issue arose whether the suit was barred by limitation; whether the sale deeds were void documents; whether the Will stood admitted in the previous suits and was no longer required to be proved; whether the First…
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Sakina Sultanali Sunesara (Momin) v. Shia Imami Ismaili Momin Jamat Samaj & Ors
Issue arose whether a litigant who was already a party to the suit, yet contests the fact or legality of a compromise embodied in a decree, is restricted to an application before the trial court under the proviso to…
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Manjunath Tirakappa Malagi and Anr. v. Gurusiddappa Tirakappa Malagi (Dead Through Lrs)
Whether a fresh suit can be filed to challenge a compromise decree.
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Larsen and Toubro Limited v. Puri Construction Pvt. Ltd. and Others
In petition u/s.34, Arbitration and Conciliation Act, 1996, Single Judge had set aside the Arbitral Award. Division Bench in appeal thereagainst u/s.37, Arbitration Act by way of the impugned judgment, inter alia upheld…
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H. Anjanappa & Ors. v. A. Prabhakar & Ors.
Whether a transferee pendente lite has a right to be impleaded in the suit by seeking leave to appeal and in case he is not impleaded, whether he is bound by the decree passed in the said suit.
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Vipin Kumar v. Jaydeep & Others
Whether there has been a miscarriage of justice as the second appeal was allowed ex parte without hearing the appellant and without framing any substantial questions of law.
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Navratan Lal Sharma v. Radha Mohan Sharma & Ors.
Issue arose as regards the right of a party to get the first appeal restored if compromise decree specifically does not give such liberty.
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R. Kandasamy (Since Dead) & Ors. v. T.R.K. Sarawathy & Anr.
Trial Court dismissed the suit for specific performance of an agreement for sale by the buyer. High Court allowed the appeal thereagainst and granted decree for specific performance. Whether the impugned judgment of the…
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Shyam Kumar Inani v. Vinod Agrawal & Ors.
Whether the Appellants are entitled to specific performance of an Agreement to Sell dated 30.08.1990. Whether the Agreement to Sell dated 30.08.1990 executed by one Sushila Devi was valid and enforceable; whether such…
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Khursheed & Anr. v. Shaqoor
Whether by virtue of s.5(2)(a) upon publication of Notification u/s.4 of the U.P. Consolidation of Holdings Act, 1954, any pending civil suit for cancellation of sale deed executed by fraud and impersonation, stands…
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Bidyut Sarkar & Anr. v. Kanchilal Pal (Dead) Through Lrs. & Anr.
Issue arose as regards admissibility of the insufficiently stamped agreement to sell.
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Duni Chand v. Vikram Singh and Others
Whether the High Court erred in extending the benefit of Section 41 of the Transfer of Property Act, 1882, to the defendants despite the lack of specific pleadings, and no evidence to show consent of interested persons.
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Bombay Slum Redevelopment Corporation Private Limited v. Samir Narain Bhojwani
In the instant case, issue revolves around the power of the Appellate Court dealing with the appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 to pass an order of remand to Section 34 Court.
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Lehna Singh (D) By Lrs. v. Gurnam Singh (D) By Lrs. & Ors.
Issue arose whether the questions of law are not required to be framed in second appeal before Punjab and Haryana High Court whose jurisdiction in second appeal is circumscribed by provision of s.41 of the Punjab Act.
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The State of Madhya Pradesh v. Satish Jain (Dead) by Lrs & Ors.
Issue arose that when there is an agreement based on ex-parte decree, and the ex-parte decree having been set aside, parties if could rely upon the agreement.
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Basavaraj v. Indira and Others
High Court, if justified in allowing the amendment application, changing the nature of suit from partition to declaration.
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Housing Society v. Ameena Begum & Another
Application filed by the Respondent seeking condonation of delay in filing the petition to set aside the ex-parte decree was dismissed by Trial Court. Consequently, the petition filed under Order IX Rule 13 CPC seeking…
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P. Kishore Kumar v. Vittal K. Patkar
The plaintiff ’s vendor applied u/s. 9A of the Mysore (Personal & Miscellaneous) Inam Abolition Act, 1954 and sought occupancy rights in respect of 15 acres of Sy. No. 3. According to the plaintiff , the claim of the…
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Shakeel Ahmed v. Syed Akhlaq Hussain
High Court whether justified in affirming the judgment of the Trial Court whereby it decreed the suit for possession and mesne profits filed by the respondent with respect to the property in question on the basis of…
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Rahimal Bathu & Others v. Ashiyal Beevi
Whether a revision u/s.115, CPC is maintainable against an order of the subordinate Court rejecting on merits an application for review of an appealable decree passed in a civil suit.
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Hemavathi and Ors. v. V. Hombegowda
High Court whether justified in allowing Regular Second Appeal filed u/s.100, Code of Civil Procedure, 1908 without framing the substantial question of law.
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Fulmati Dhramdev Yadav & Anr. v. New India
The order of the High Court setting aside the order of the Commissioner awarding compensation in favour of legal representatives of the deceased employee.
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