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PART VII APPEALS

Section 96: Appeal from original decree

The Code of Civil Procedure, 1908

(1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.

(2) An appeal may lie from an original decree passed ex parte.

(3) No appeal shall lie from a decree passed by the Court with the consent of parties.

1[(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed 2[ten thousand rupees].]

Footnotes in the official text

  1. 1.Ins. by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977).
  2. 2.Subs. by Act 46 of 1999, s. 9, for “three thousand rupees” (w.e.f. 1-7-2002).

Questions on this section

9 questions in 22 of our papers cite Section 96. Try these from the free papers:

  1. 1. An ex parte decree was passed against D. D filed a first appeal under Section 96(2) CPC against that decree, and the appeal was heard and dismissed on merits. D then applied to the trial court under Order IX Rule 13 CPC to set aside the same ex parte decree. The application is:

  2. 2. Section 96 of the CPC provides for:

  3. 3. Consider the following statements about two Supreme Court judgments of August 2026 on appeals against common judgments: 1. In Basudev v. Sanjay Kumar (11 August 2026), the Court held that where a suit and a counterclaim are decided by one common judgment, both may be challenged in a single composite appeal. 2. According to Basudev, such a composite appeal must be valued as two separate appeals and court fees paid accordingly. 3. In Bassanna (since deceased) by LRs v. Bhimanna (12 August 2026), the Court held that a composite appeal under Section 96 CPC against a common judgment in two suits filed by the same plaintiff was not maintainable. Which of the statements given above is/are correct?

Practise questions on Civil Procedure Code