Description

Order 42 of the Civil Procedure Code (CPC) deals with appeals from appellate decrees, which refer to situations where a party is dissatisfied with a judgment passed by an appellate court (i.e., an appeal from a decision made by a court of appeal). This order provides the procedures for challenging the decision of an appellate court in a higher appellate court. In essence, it allows a further appeal when a party believes that the appellate court has erred in its judgment.

Key Provisions of Order 42 CPC:

1. Rule 1 - Appeal to the Supreme Court:

• The provisions of Order 42 apply to appeals from appellate decrees. If a party is aggrieved by the decision of an appellate court (a court that has already heard an appeal from the trial court), they may file an appeal to the Supreme Court.
• Such appeals are typically allowed only on substantial questions of law and may require special leave to appeal.

2. Rule 2 - Procedure for Appeal:

• The procedure for appealing an appellate decree follows a similar process to the one prescribed for appeals from original decrees (under Order 41). The appellant needs to file the appeal in the appropriate higher court, typically in the Supreme Court.
• The memorandum of appeal must state:
  • The grounds of appeal (reasons why the appellant believes the appellate court’s decision was wrong).
  • A copy of the judgment or decree from the appellate court.
  • The parties involved in the case.

3. Rule 3 - Conditions for Appeal:

• An appeal from an appellate decree can be filed if:
  • Substantial questions of law are involved (e.g., errors in interpreting or applying the law).
  • The appellant believes that the appellate court has misinterpreted important legal principles, or the judgment involves a fundamental error that needs to be corrected by the higher court.

4. Rule 4 - Time Limit for Filing Appeal:

• The appeal must be filed within the prescribed limitation period. In most cases, the limitation period for appeals from appellate decrees is 60 days from the date of the appellate court’s decision.
• If the appeal is filed after the expiry of this time period, the appellant must seek permission from the court for condoning the delay, explaining the reasons for the delay.

5. Rule 5 - Documents to be Filed with the Appeal:

• Similar to the appeal process from original decrees, the appellant is required to file:
  • A copy of the appellate decree and judgment.
  • Copies of other relevant documents.
  • The memorandum of appeal explaining the grounds on which the appeal is made.

6. Rule 6 - Stay of Execution of Decree:

• The appellant may apply to the higher court for a stay (temporary suspension) of the execution of the appellate court's decree. This may be granted if the appellant can show that executing the decree would cause them irreparable harm or if there is a significant legal issue to be addressed in the appeal.

7. Rule 7 - Power to Remand the Case:

• In appeals from appellate decrees, the higher court (such as the Supreme Court) has the power to remand the case back to the appellate court for reconsideration if it finds that the earlier judgment was flawed due to some legal error or oversight.

8. Rule 8 - The Appellate Court’s Jurisdiction:

• When hearing an appeal from an appellate decree, the higher appellate court has jurisdiction to review the decision of the appellate court below.
• The higher court can either:
  • Affirm the appellate decree, meaning it agrees with the lower court's judgment.
  • Reverse or modify the decision if it finds errors in the appellate court's judgment.

9. Rule 9 - Appellate Court’s Powers:

• The higher appellate court has broad powers, including:
  • Reviewing the entire case.
  • Modifying or overturning the appellate court’s decree.
  • Making new findings on the basis of substantial questions of law.

10. Rule 10 - Further Appeal or Review:

• The judgment or order passed by the higher appellate court is usually final. However, the party may seek a review or further appeal if new evidence comes to light or if the judgment is in error, although such applications are typically rare.

Punishment

Order 42 itself does not prescribe any specific punishment for the act of appealing from appellate decrees. However, there are consequences for failing to adhere to procedural requirements:

1. Dismissal of the Appeal:

   • If the appellant fails to comply with procedural requirements (e.g., not filing the memorandum of appeal properly or not adhering to the time limits), the appellate court can dismiss the appeal.

2. Costs:

   • The losing party in the appeal may be ordered to pay the costs of the appeal, including the legal fees of the winning party.

3. Contempt of Court:

   • If any party involved in the appeal disobeys or violates the orders or directions of the appellate court, they can be held in contempt of court, which may lead to penalties like fines or imprisonment.