Appeals, Reference, Review and Revision Questions and Answers

Answer: B

Appeals from original decrees are provided for in Part VII of the Code of Civil Procedure, 1908, which begins with Section 96, giving a right of appeal from every decree passed by a court exercising original jurisdiction.

Part VIII covers reference, review and revision, Part IX covers special proceedings, and Part X covers rules. So only Part VII contains the provisions on appeals from original decrees.

Answer: A

The appeal from an original decree is provided for in Section 96 of the Code of Civil Procedure, which gives an appeal from every decree passed by a court exercising original jurisdiction to the court authorised to hear appeals from its decisions. The Code is of 1908; the 1909 in the question is a misprint.

Section 98 deals with the decision where the appellate bench is divided, Section 99 with the rule that no decree is to be reversed for errors not affecting the merits, and Section 100 with the second appeal to the High Court. These follow Section 96 in the part on appeals.

Answer: C

The appeal lies under Order XLIII Rule 1-A CPC.

Order XLIII Rule 1-A(2) provides that in an appeal against a decree passed in a suit after recording a compromise, it is open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded. Since the 1976 amendment removed the separate appeal against an order recording a compromise, this is the route.

Section 151 saves the inherent powers of the court and is not an appeal provision. Order XXIII Rule 3A in fact bars a separate suit to set aside a compromise decree, so the challenge must go through the appeal (or an application to the court that recorded it).

Answer: C

An order refusing to refer the parties to arbitration is appealable under Section 37.

Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, as amended in 2015, provides an appeal from an order refusing to refer the parties to arbitration under Section 8. An order that does refer them is not appealable.

Section 34 is the application to set aside an arbitral award. Section 11 is the appointment of arbitrators, and Article 227 is the High Court's supervisory jurisdiction, not the statutory appeal.

Answer: C

The bar is in Order XLVII Rule 9.

Order XLVII deals with review. Rule 9 says no application to review an order made on an application for a review, or a decree or order passed or made on a review, shall be entertained. There is no review of a review.

Section 11 is res judicata and Section 10 is res sub judice (stay of suit), while Order IX Rule 9 bars a fresh suit after dismissal for the plaintiff's default and provides for restoring it.