CIVIL

Appeal from a decree or appealable order passed by a City Civil Court in Chennai

Chennai City Civil Court Act 1892

 

The City Court shall consist of a Principal Judge and such number of Additional or Assistant Judges as the State Government may from time to time appoint.

The jurisdiction of an Assistant Judge extends to all suits and proceedings of a civil nature not otherwise exempted from his cognizance, of which the amount or value of the subject matter does not exceed ten lakh rupees. The jurisdiction of the Principal Judge and Additional Judge extends to all like suits and proceedings, of which the amount or value of the subject matter exceeds ten lakh rupees but does not exceed twenty-five lakh rupees.

Sec15- Appeals

(1) An appeal shall lie to the High Court from any decree or order appealable under the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908), in any suit or proceeding where the decree or order appealed from was passed by the Principal Judge or an Additional Judge.

(2) An appeal shall lie to the Principal Judge from any decree or order appealable under the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) passed in any suit or proceeding-

(a) where the amount or value of the subject matter does not exceed five thousand rupees

(i) by a Judge other than the Principal Judge before the 1st July 1955; or

(ii) by an Assistant Judge on or after the 1st July 1955; or

(b) where such amount or value does not exceed ten thousand rupees, by an Assistant Judge, on or after the date of the commencement of the Chennai City Civil Court (Amendment) Act, 1971.

(2-A) An appeal shall lie to the Principal Judge from any decree of order appealable under the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908), passed in any suit or proceeding by a Judge other than the Principal Judge or an Additional Judge –

(a) before the 1st day of December 1995, where the amount or value of the subject matter does not exceed one lakh of rupees;

(b) on or after the 1st day of December 1995, where the amount or value of the subject matter does riot exceed three lakhs of rupees; and

(c) on or after the 1st day of December 1995, except when the amount or value of the subject matter of the suit exceeds rupees three lakhs in which case appeal shall lie to the High Court.

(2-B) All appeals pending in the High Court on the date of publication of the Chennai City Civil Court (Amendment) Act, 1997 in the Tamil Nadu Government Gazette which the amount or value of the subject matter of such appeal exceeds orle lakh of rupees but does not exceed three lakhs of rupees and which would be within the cognizance of the Chennai Civil Court under the provisions of the principal Act, as amended by this Act, shall stand transferred to the Chennai City Civil Court.

(2-C) All Appeals pending in the High Court of which the amount or value of the subject matter of such Appeals exceeds three lakh of rupees but does not exceed five lakh of rupees shall stand transferred to the Chennai City Civil Court.

(2-D) An appeal shall lie to the Principal Judge from any decree or order, appealable under the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908), if passed in any suit or proceeding by an Assistant Judge on or after the date of the commencement of the Tamil Nadu Civil Courts and Chennai City Civil Court (Amendment) Act, 2003.

(3) A second appeal shall lie to the High Court from any decree passed by the Principal or an Additional Judge in the exercise of his appellate jurisdiction on all or any of the grounds mentioned in section 100 of the Code of Civil Procedure, 1908 (Central Act V of 1908).

(4) Subject in other respects to the provisions of the Indian Limitation Act, 1908 (Central Act IX of 1908), the period of limitation for an appeal from a decree or order in any of the cases specified in sub-sections (1) and (3) shall be ninety days and in any of the cases specified in sub-section (2) shall be thirty days.

(5) The Principal Judge may, from time to time, transfer for disposal appeals preferred under sub-section (2) to any Additional Judge and may at any time withdraw such transferred appeals and dispose of them himself.


Under  Code of Civil Procedure

Sec 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.

Sec 104 Orders from which appeal lies

(1) An appeal shall lie from the following orders, and save as otherwise expressly

provided in the body of this Code or by any law for the time being in force, from no other orders:—

(ff) an order under section 35-A;

(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;

(g) an order under section 95;

(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree;

(i) any order made under rules from which an appeal is expressly allowed by rules:

Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.

(2) No appeal shall lie from any order passed in appeal under this section.


 

Period of limitation for filing Memo of Appeal

A 116. Under the Code of Civil Procedure,1908
(a) To a High Court from any decree or order; Ninety days The date of the decree or order.
(b) To any other court from any decree or order. Thirty days The date of the decree or order.

 

FORMAT OF FIRST APPEAL BEFORE DISTRICT JUDGE

The distinction between Appeal and Memo of Appeal

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