4 Major Differences between First Appeal and Second Appeal

4 Major Differences between First Appeal and Second Appeal are listed below:

First Appeal:

1. The First Appeal can be admitted on the grounds – (1) question of fact; and also (2) question of law.

2. The First Appeal can be entertained by subordinate Courts to District Judge’s Court and to High Courts. ^k

Example: An appeal from the District Munsiff Magistrate s Court or Subordinate Judge’s Court to the District Judge.

3. Sections 96 to 99-A, 107 and Order 41 deal with First Appeals

4. The Memorandum of first appeal must set out the grounds of objections to the decree appealed from.

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Second Appeal:

1. The Second Appeal can be admitted only on the point of ‘substantial question of law’.

2. The Second Appeal can only be entertained by the High Court.

3. Sections 100 to 103 and Order 42 deal with Second Appeal

4. Since the second appeal is maintainable only when it involves a substantial question of law, a memorandum of second appeal must precisely state such question. It need not set out the grounds of objections to the decree appealed from.