Filing a first appeal under s.96 CPC: what the court checks at admission

Section 96 CPC confers an appeal as of right from every decree passed by a court of original jurisdiction — to the District Judge if the trial court was subordinate, to the High Court where value or the trial court's status demands it. Unlike second appeals, first appeals are not confined to substantial questions of law.

Limitation and filing

30 days to the District Court, 90 days to the High Court from the date of the decree (excluding certified-copy time under s.12 Limitation Act). File the memorandum with the decree sheet and judgment copies, correct valuation and court fee, and vakalatnama. A delay without condonation application is fatal at the counter.

The memo that gets admitted

Grounds must attack findings — not re-argue the record. Frame them against specific findings: the court misread the evidence on issue ___, placed the burden wrongly, or the decree is against the weight of evidence. Bare 'the decree is erroneous' grounds invite dismissal in limine.

Stay applications under O.XLI r.5 accompany the appeal — show irreparable injury and that the appeal is not frivolous.