1st appeal and 2nd appeal , High school final essays of Civil procedure

Download 1st appeal and 2nd appeal and more High school final essays Civil procedure in PDF only on Docsity! Iqra Hussain Presentation # 1 Q1- Discuss 1st appeal and 2nd appeal . Who may file appeal and what grounds the appeal can be filed . Discuss appeal file on illegality and irregularities? INTRODUCTION An appeal is a legal process where a party who is dissatisfied with a decision made by a lower court asks a higher court to review and possibly change that decision. Let’s say you were involved in a court case and the judge made a decision that you believe is unfair or incorrect. Instead of accepting that decision, you have the option to file an appeal. When you file an appeal, you are essentially asking a higher court to look at the case again and decide if the lower court made any mistakes or errors. The higher court will review the evidence, arguments, and legal reasoning from both sides and make a new decision.The purpose of an appeal is to ensure that the legal process is fair and that errors made by the lower court can be corrected. Who Can File an Appeal: Any party aggrieved by the decision of the lower court can file an appeal. This includes the plaintiff (the party who initiated the lawsuit) or the defendant (the party against whom the lawsuit was filed). The right to file an appeal is provided under Section 96 of the Civil Procedure Code (CPC). 1st Appeal : : Section 96: The first appeal shall file on the question of law and fact both. Like if someone is unhappy with the decision made by a lower court, they can appeal to a higher court. The higher court will review the case and make a new decision. there are certain exceptions mentioned in subsections (2) and (3) of the section. For example, if the original decision was made without one of the parties being present (ex-parte), you can definitely appeal. However, if all the parties involved in the case agree to the decision and give their consent, then no appeal can be made. the case of Ghulam Mustafa Kandhari v. Mst. Zubeida Begum (2002 SCMR 269). In this case, the appellant challenged the decision of the trial court, which had declared the sale deed executed by the appellant as null and void. The appellate court, after reviewing the evidence and legal arguments, set aside the decision of the trial court and held that the sale deed was valid. This case highlights the importance of presenting strong legal arguments and evidence during the first appeal stage to persuade the higher court to overturn the original decision. Section 97: If a person doesn’t appeal against a preliminary decision, they can’t later argue against it in an appeal against the final decision. So, it’s important to appeal at the right time. Section 99: Minor errors or irregularities in the case proceedings will not be enough to change the decision in an appeal. The appeal can only be successful if the errors or irregularities affect the merits of the case or the court’s jurisdiction Second appeal : the 2nd appeal may file on the substantive question of law. However, where the court found that any appeal may filed in the question of law (including errors, irregularity which effect the merits of the case) they may concern this type of appeals. There are certain grounds for 2nd appeal which is mentioned in the 101 and 100 are; (i) The decision contrary to law. (ii) The decision contrary to law but having force of law. (iii) Failure to determine material use. (iv) Failure to determine material issues but having force of law. (v) Any substantial error or anything which has caused the effects on merits of the case. If a party remains dissatisfied with the outcome of the first appeal, they can further pursue recourse through a second appeal. The second appeal is filed before the highest court of the province or, in certain cases, the Supreme Court of Pakistan. An important case law example illustrating the second appeal stage is the case of (2011 SCMR 329). In this case, the person who appealed filed a second appeal to challenge the decision made by the High Court. The Supreme Court of Pakistan reviewed the case and found that there was a clear mistake in the High Court's judgment. As a result, they allowed the second appeal. This case highlights the importance of showing that the lower courts made a significant error or irregularity in their interpretation or application of the law in order to succeed in a second appeal. However, it's worth noting that a second appeal isn't automatically granted and can only be filed on limited grounds, such as a substantial legal question. The court carefully examines the legal issues raised in the second appeal and determines whether there was a significant error or irregularity in the previous judgments. Section 101: This section clarifies that no second appeal can be made unless it is based on the grounds mentioned in Section 100. In other words, the grounds for filing a second appeal are limited to those specified in Section 100. Section 102: This section states that there can be no second appeal in certain cases. For example, suits handled by Courts of Small Causes or suits where the value of the subject matter does not exceed the amount determined by the Provincial Government. In these specific cases, a second appeal is not allowed. Section 103 power of HC to determine issue of fact : it gives the High Court the power to determine any unresolved factual issues in a second appeal, if the evidence on record is sufficient and if the lower appellate court has either not determined the issue or has made an incorrect determination due to illegality, omission, error, or defect.then high court has the power to look at the evidence and make the decision on those factual issue.