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APPEAL, REFERENCE AND REVIEW

When an order is passed against a party to the suit, it is not that it has no further remedy.

Such party can further initiate the proceedings, by way of:

- Appeal,
- Reference, or
- Review.

In brief, the technicalities and difference between these are as follows:

APPEAL
APPEAL FROM ORIGINAL DECREES

PROCEDURE FOR APPEAL FROM ORIGINAL DECREES ( ORDER 41)

• The appeal shall be filed in the form prescribed, singed by the appellant, alongwith a true certified copy of the order.
• The appeal shall contain the grounds of objection under distinct heads, and such grounds shall be numbered consecutively.
• If the appeal is against a decree for payment of money, the court may require the appellant to deposit the disputed amount or furnish any other security.
• A ground / objection which has not been mentioned in the appeal, cannot be taken up for arguments, without the permission of court.
• Similarly any point of act which was not taken up y the Appellant, in lower court, cannot be taken up in appeal lies only against only those points which have been decided by the court rightly or wrongly.