Appeal is a legal proceeding brought in superior court for the purpose of review of the decision of lower court. Appeal is a creature of statute and is governed by the same. The statute generally provides the right of appeal on questions of law or questions of fact. In case there is no statutory right to appeal, recourse is taken to the Constitutional Provisions of Art 226 by way of filing Writ Petition. In case of decision of High Court, recourse is taken through the Special Leave Petition under Art 136 to file appeal in the Supreme Court.
- In all appeal the decision of the lower court (decree or judgment) is challenged on certain grounds. In this write-up, an attempt is made to bring forth one aspect of the practice i.e. the pleas which are allowed in case of appeal in superior courts like High Court or Supreme Court.
