Memorandum of civil appeal and revision petition format
A first appeal from an original decree lies under Section 96 CPC and is filed as a memorandum of appeal under Order XLI. The limitation is 90 days to a High Court and 30 days to any other court (Article 116, Limitation Act). A revision under Section 115 CPC lies to the High Court against orders of subordinate courts on jurisdictional errors (90 days, Article 131).
Key points
- First appeal: Section 96 and Order XLI CPC; second appeal on a substantial question of law: Section 100.
- Limitation: Article 116 (appeals) and Article 131 (revisions); delay can be condoned under Section 5.
- Review: Order XLVII CPC, within 30 days (Article 124).
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| First appeal | Section 96 & Order XLI CPC | — |
| Civil revision | Section 115 CPC | — |
Which court or authority
The appellate court (District Court or High Court, depending on value) or the High Court in revision.
What the document should contain
- Details of the impugned decree
- Grounds of appeal, numbered and concise
- Valuation and court fee
- Prayer
- Application for condonation of delay, if late
Documents to attach
- Certified copy of the judgment and decree
- Lower court record as needed
Procedure
- Obtain certified copies (time taken is excluded under Section 12, Limitation Act)
- File the memorandum of appeal with court fee
- Admission, notice, hearing
Common mistakes
- Filing without the decree copy
- Grounds that argue facts without pointing to error
Frequently asked questions
What is the limitation for a civil appeal to the High Court?
90 days from the date of the decree (Article 116), excluding the time spent obtaining certified copies.