Introduction to Appellate Remedies

When a party is aggrieved by a court order, various remedies are available: Appeal, Revision, Review, Reference, and Writ Petition. Each has different scope and limitation periods.

Comparison of Remedies

Remedy	Scope	Time Limit	Statute
First Appeal	Questions of fact and law	30-90 days	CPC Section 96, CrPC 374
Second Appeal	Substantial question of law only	60-90 days	CPC Section 100
Revision	Jurisdictional error	60-90 days	CPC 115, CrPC 397
Review	Error apparent on face of record	30 days	CPC 114, Order XLVII
Reference	Law question to High Court	No fixed time	CPC 113
Writ Petition	Constitutional violation	3 months (reasonable)	Article 226/227
SLP	Appeal to Supreme Court	90 days	Article 136

1. First Appeal (Civil - Section 96 CPC)

• Appeal from decree of District Judge/Munsif to High Court
• 30 days for District Court; 90 days for High Court
• De novo appeal (full hearing on facts and law)
• Can be filed on: Wrong application of law, Incorrect fact finding, Irregularity causing prejudice

First Appeal (Criminal - Section 374 CrPC)

• Conviction appeal to Sessions Court (30 days) or High Court (60 days)
• Against acquittal - State appeal (90 days)
• Limited to questions of law and evidence

2. Second Appeal (Civil - Section 100 CPC)

Appeal against decree of appellate court to High Court only on substantial question of law.

• Limitation: 90 days
• Cannot re-appreciate facts
• Question must be "substantial" (new legal principle or misinterpretation)

3. Revision (CPC Section 115, CrPC Section 397)

• Civil Revision: Against order of subordinate court if exercised jurisdiction illegally or with material irregularity
• Criminal Revision: Against any order not appealable (High Court/Sessions Court)
• Not available against appealable orders
• Limitation: 90 days (criminal), 60-90 days (civil)

4. Review (Section 114, Order XLVII CPC)

Application to same court that passed order, on limited grounds:

• New and important evidence discovered (with due diligence)
• Error apparent on face of record
• Sufficient cause
• Limitation: 30 days from date of decree/order

5. Reference (Section 113 CPC)

Trial court may refer question of law to High Court when reasonable doubt exists. No limitation.

6. Writ Petition (Article 226 & 227 of Constitution)

• Article 226 (Certiorari/Mandamus/Prohibition): Against violation of fundamental/legal rights
• Article 227 (Supervisory jurisdiction): Against orders of courts/tribunals within state
• No specific limitation (3 months reasonable period)

7. Special Leave Petition (Article 136)

• Appeal to Supreme Court from any court/tribunal in India
• Limitation: 90 days
• Grave injustice or important legal question required

Important Procedural Aspects

Memorandum of Appeal (Order XLI CPC)

• Grounds of appeal (clearly specified)
• Copy of decree and judgment attached
• Certified copy required for appellate court

Stay of Execution (Order XLI Rule 5)

Appellant may apply for stay of lower court decree pending appeal.

Dismissal in Default (Order XLI Rule 17)

If appellant fails to appear on hearing day, appeal dismissed. Can restore within 30 days.

Limitation Period Summary

• Civil Appeal (District to High Court): 30 days (Limitation Act Article 116)
• Civil Appeal (Tribunal to High Court): 60 days
• Criminal Appeal (Conviction to Sessions): 30 days (CrPC)
• Criminal Appeal (Conviction to High Court): 60 days
• Criminal Appeal (Acquittal by State): 90 days
• Civil Revision: 60-90 days
• Review: 30 days
• SLP to Supreme Court: 90 days