From plain reading sections 96 and 104 of the Code of the Code of Civil Procedure, it is clear that an appeal may lie against the-
- a. ad-interim order
- b. decree of original suit
In the High Court Division it is noticed that there is no appeal in the name of civil appeal. The civil appeals filed under section 96 and Order XLI of the Code of Civil Procedure are called First Appeal (F.A.). And the civil Appeals filed under section 104 and Order XLIII of the Code of Civil Procedure are called First Miscellaneous Appeal (F.M.A.).
First Appeal (Appeal against decree of original suit):
Section 96 and Order XLI of the Code of Civil Procedure enumerate the decrees which are appealable. An appeal lies from the decree and not from the judgment. There can not be any appeal unless a formal decree is drawn up, and if the court refuses to draw up a decree, the matter can be set at right in revision. There is a distinction between the appeal and revision: an appeal is a continuation of the original proceedings, in effect the entire proceedings are before the appellate authority which has power to review the evidences subject to the statutory limitations prescribed. On the other hand, in a revision, the revisional authority has no power to review the evidences unless the finding of fact of the court suffers from legal infirmities.
Section 96 of the Code of Civil Procedure provides that an appeal shall lie from every decree passed by any court exercising original jurisdiction to the authorized to hear appeals from the decisions of such court. Order XLI of the Code of Civil Procedure describes the decrees against which a appeal may lie; also the procedures are described in the very order.