Understanding the Various Grounds for Appeal under the Code of Civil Procedure, 1908

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Understanding the Various Grounds for Appeal under the Code of Civil Procedure, 1908

In the legal landscape, an appeal is a procedure for requesting a higher court to review a lower court’s decision. The right to appeal derives from the Code of Civil Procedure, 1908 (CPC), a comprehensive statute that provides a procedural framework for civil litigation in India. Our team at SimranLaw walks you through the various grounds for appeal under this code, shedding light on the complexities through our rich pool of experience.

Introduction to Appeals in Civil Procedure

The concept of appeal is based on natural justice and fair play, enabling the aggrieved party to seek redress for perceived inaccuracies or injustices in the trial court’s judgment. According to the CPC, appeals can be initiated against any decree passed by a court during a suit, unless expressly barred.

Grounds for Appeal

Appeals in civil procedure are largely based on questions of law, facts, or a mix of the two. This categorization has implications on the appellate court’s power to interfere with the judgment. Here’s closer look at this classification:

1. Error or Defect in Procedure (Section 100)

This encompasses any error, defect, or irregularity in any proceeding before the lower court that may have caused failure of justice. The Supreme Court, in the landmark case of Kashinath Roy vs Goluck Chunder Mitter, held that an appeal could be made if the procedure adopted was incorrect and materially affected the case’s outcome.

2. Misreading or Ignoring Evidence (Section 101)

If it’s proven that the lower court has misread, ignored, or failed to understand the significance of the evidence presented, it can be a ground for appeal. The case of Pannalal Ghosh vs Harimohan Dalal is noteworthy here, where the lower court’s judgment was reversed on appeal due to its inadequacy in considering all presented evidence.

3. Deciding Without Jurisdiction (Section 21)

A court’s decision that exceeds its jurisdiction – either territorial, pecuniary, or subject matter jurisdiction – is an important ground for appeal. The Supreme Court opined in the case of Kiran Singh vs Chaman Paswan that a decree passed by a court without jurisdiction is a nullity and that its invalidity could be set up whenever and wherever it is sought to be enforced.

4. Failure to Adjudicate an Issue (Section 102)

Failure of a court to adjudicate upon an issue that had been framed can also create grounds for appeal. In the Madan Naicker vs Muthu Moopanar case, the court observed that any omission by a trial court to decide a material issue can adversely affect a party, thereby providing grounds for appeal.


Understanding the grounds for appeal, as laid out in India’s Code of Civil Procedure, 1908, is instrumental in ensuring that justice is served. It’s worth noting that the grounds enumerated extend beyond these classifications and that the individual circumstances of each case play a decisive role.

The team at SimranLaw, with its years of courtroom experience and deep understanding of law, stands ready to assist and advise those seeking to navigate the complex terrain of appellate law.

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