Description

Appendix G of the Civil Procedure Code (CPC) deals with the procedural aspects related to appeals, references, and reviews in civil proceedings. These mechanisms provide opportunities for parties to challenge judgments, request clarifications, or seek reconsideration of a decision made by the court. Appendix G outlines the necessary steps, forms, and procedures for each of these actions to ensure they are conducted in a standardized manner.

Purpose of Appendix G:

The primary purpose of Appendix G is to facilitate the challenge of decisions made by the court (appeal), allow for references to be made to higher authorities (e.g., the High Court), and enable parties to review a judgment or order for any error or oversight. These proceedings ensure that justice is properly administered and that any mistakes made during the trial or judgment are rectified.

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Key Provisions of Appendix G:

Appendix G outlines the forms and steps required for appeals, references, and reviews, providing detailed instructions and templates for each process.

1. Appeal (General) - Forms and Procedure:

• An appeal is a formal request for a higher court to review and potentially alter the decision of a lower court. In civil matters, appeals are typically filed to challenge a decree or judgment passed by a subordinate court.

Form 1 - Memorandum of Appeal:

• Form 1 is used to file an appeal against a decree or order made by a lower court. The memorandum should outline the grounds of appeal and why the appellant believes the decision was incorrect.

Example: "The appellant hereby appeals from the decree passed by the [Court Name] on [date], in suit No. [number], on the following grounds: [brief description of the grounds]."

Form 2 - Notice of Appeal:

• Form 2 is used to notify the opposing party (respondent) that an appeal has been filed. It ensures the respondent is aware of the appellant's intention to seek a higher court's review of the lower court's decision.

Example: "Take notice that the appellant has filed an appeal in the High Court against the decree passed on [date], and the appeal will be heard on [date]."

2. Reference - Forms and Procedure:

A reference involves submitting a question of law to a higher court for interpretation or decision. The lower court may refer a matter if it is uncertain about a legal point that needs to be clarified or settled by a higher authority.

Form 3 - Reference Application:

• Form 3 is used by the lower court to refer a question of law to a higher court (e.g., the High Court) for decision. This is typically done when the lower court feels that a legal issue in the case requires clarification.

Example: "The [lower court name] refers the question of law concerning [issue] to the [higher court name] for a decision."

Form 4 - Order of Reference:

• Form 4 is the order issued by the higher court in response to a reference made by a lower court. It outlines the legal point under consideration and provides the ruling or guidance to the referring court.

Example: "The High Court has considered the reference made by [lower court name] and rules as follows on the question of law: [decision]."

3. Review - Forms and Procedure:

A review allows a party to request a court to reconsider its judgment or order if there is an error on the face of the record, such as a mistake of fact, law, or procedure. Review proceedings are typically filed when there is no appeal available or when the appeal has been exhausted.

Form 5 - Application for Review:

• Form 5 is used to request a review of a judgment or order. It must specify the grounds for review, such as an error apparent on the face of the record or any new evidence that has come to light.

Example: "The petitioner hereby requests a review of the judgment dated [date] passed by [court name] in the case [case number], on the grounds that [state grounds for review]."

Form 6 - Order for Review:

• Form 6 is the order issued by the court if it decides to grant the review. This order may either affirm, modify, or annul the original decision.

Example: "Upon hearing the application for review, the court orders as follows: [review decision]."

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Key Features of Appendix G:

1. Appeals:

   • Appeals provide a mechanism for challenging decisions made by the lower court. The appeal process ensures that a party has the opportunity to present its case to a higher court if there is a belief that the lower court made an error.
   • The process involves filing a memorandum of appeal (Form 1), providing a notice of appeal (Form 2), and presenting grounds for the appeal.

2. References:

   • References allow lower courts to seek clarification from higher courts when there is a legal uncertainty. This ensures that the application of law is consistent and that the court’s decision is based on clear legal principles.
   • The lower court submits an application for reference (Form 3) and receives an order of reference (Form 4) with the legal determination from the higher court.

3. Reviews:

   • Reviews allow for reconsideration of a judgment when an error is identified. The court can either correct the error, uphold the original decision, or take further action based on the review.
   • The review process requires filing an application for review (Form 5), and if granted, the court issues an order for review (Form 6).

Punishment

1. Appeals:

   • If an appeal is upheld, the higher court may modify or set aside the original judgment.
   • If the appeal is dismissed, the original decree or judgment stands and must be followed.

2. Reference:

   • A reference may result in clarification of the law, and the lower court is bound by the higher court's decision on the referred question.
   • Failure to comply with a reference order can lead to the continuation of the proceedings as per the higher court's guidance.

3. Review:

   • In the case of a successful review, the original judgment may be altered or set aside.
   • If the review is denied, the original judgment remains in force.

4. Contempt of Court:

   • If any party deliberately disobeys a decision made in the appeal, reference, or review, they may be held in contempt of court, which can result in fines or imprisonment.