Original study guide

Appeal, review and revision

Different remedies have different statutory grounds; none is an unlimited second trial.

Section 96 concerns appeals from original decrees, subject to the Code and other applicable law. Section 100 concerns second appeals and the substantial-question-of-law requirement. Appeals from specified orders have their own provisions, including section 104 and Order XLIII; not every procedural direction is independently appealable.

Review under section 114 and Order XLVII is different from an appeal. Revision under section 115 concerns the High Court's specified supervisory power and is subject to its limits. The names do not tell you that any chosen route is available in a particular case.

Order XLI Rule 5 states that an appeal does not operate as a stay merely because it has been filed. A stay application and its conditions are a separate issue. Limitation periods, court fees, the appeal forum and special legislation require separate checking; this is not a filing-date calculator.

Fictional example

Fictional example: a party is dissatisfied with a decree and wants enforcement paused. The availability of an appeal and the request for a stay must be examined separately; disagreement alone does not identify the correct remedy.

What not to assume

Read the actual decision, applicable appellate rules and limitation law. We do not select a remedy or deadline for an individual case.

Read the relevant central provisions

Section 96 Section 100 Section 104 Section 114 Section 115 Order 41, Rule 5 Order 47, Rule 1

Study check

Explained practice questions

Choose an answer, then check it. Scoring stays in your browser and every explanation links to the statutory text.

1.What is central to a second appeal under section 100?
A substantial question of lawSimply asking for a fresh trial
Not quite
Section 100 requires the High Court to be satisfied about a substantial question of law and sets out the related procedure. It is not an unrestricted re-hearing of facts.
Read section 100 →
2.Are review and revision interchangeable words?
YesNo, sections 114 and 115 address different powers
Not quite
Section 114 concerns review while section 115 concerns revision. Their grounds, forums and limits must not be merged.
Read section 114 →

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Original educational explanations and fictional examples; not legal advice or a filing service. The general central text does not consolidate all state, High Court or commercial-procedure variations. Hindi guides are explanations, not statutory translations.

Official references: CPC · 2025 amendment. Source checked: 2026-10-01.