Section 96 — Appeal from original decree
Lose at first instance, and the Code gives you a first appeal: from every decree of a court of original jurisdiction, an appeal lies to the authorised appellate court — even if the decree was passed ex parte. But not from a consent decree, nor (save on a question of law) from a small-value small-cause-type suit.
How to read Section 96
The general right (1)
From every decree of a court of original jurisdiction, an appeal lies to the authorised appellate court — unless the Code or another law expressly says otherwise.
Even ex parte (2)
An appeal lies even from an ex parte decree — one passed in the defendant’s absence.
But not these (3)(4)
No appeal from a consent decree (3); and none — except on a question of law — from a small-cause-type suit of value ≤ ₹10,000 (4).
The bare Act
(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.→ Procedure for first appeals: Order XLI
(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.
1(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 2ten thousand rupees.
1. Sub-section (4) was inserted by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977). 2. “ten thousand rupees” was substituted by Act 46 of 1999, s. 9 (w.e.f. 1-7-2002) for “three thousand rupees”. The first-appeal procedure is in Order XLI.
Key terms decoded
A decree passed by a court exercising original jurisdiction — deciding the suit at first instance (not on appeal).
The appeal § 96 gives — from the original decree to the court authorised to hear its appeals. It can re-examine both facts and law.
The designated appellate forum — e.g. the District Court or the High Court, depending on the court that passed the decree.
The general right yields where the Code or another law expressly bars or limits the appeal.
A decree passed in the defendant’s absence. § 96(2): it is still appealable (the defendant also has the Order IX r.13 set-aside route).
A decree by agreement of the parties. § 96(3): no appeal lies — you cannot appeal what you agreed to.
The only ground left in a sub-s.(4) small-value case — a point of law, not of fact.
A small, simple money/recovery-type suit. Where its value is ≤ ₹10,000, sub-s.(4) bars an appeal except on a question of law.
The picture — the appeal rises
The first appeal carries the case up — a full re-hearing on facts and law — from the original court to the appellate court. § 96 opens that door for almost every decree, and shuts it for just two: consent decrees, and small-value small-cause-type suits (bar a question of law).
Section 96, part by part
When an appeal lies — and when it doesn’t
Two doors open, two shut
From every decree of a court of original jurisdiction, to the authorised appellate court.
Even from an ex parte decree.
From a consent decree — no appeal.
From a small-value small-cause-type suit (≤ ₹10,000) — except on a question of law.
Amendment history — a timeline
Sub-section (4) was inserted — barring appeals (save on a question of law) in small-value small-cause-type suits, to curb appeals over trifling sums.
The sub-s.(4) ceiling was raised from ₹3,000 to ₹10,000 — updating the threshold for inflation.
Connected provisions
Section 96 opens Part VII — Appeals. It is the first appeal from an original decree (worked by Order XLI); a second appeal from the appellate decree lies, on a substantial question of law, under § 100; appeals from orders (not decrees) lie under § 104; and the appellate court’s powers are in § 107.