Appeals from the Original Decree

Right to appeal is a right conferred by a statute. Section 96 of the Code of Civil Procedure, 19CJ8 confers on a litigant a right to appeal from an original decree. Section 100 gives him a right to appeal from an appellate decree in certain cases, section 109 gives him a right to appeal to the Supreme Court in certain cases. Section 104 gives him a right to appeal from orders as distinguished from a decree.

An appeal from an original decree is called a first appeal. Appeal from an appellate decree is called a second appeal. Section 96 of the Code of Civil Procedure provides that an appeal shall lie from every decree passed by any court except when otherwise expressly provided in the Code or by any other law. No appeal lies from a decree passed by a court with the consent of the parties. Similarly, no appeal lies from a decree passed by a Small Causes Court.

After the appeal is filed a party may apply for a stay of execution of the decree appealed from. Even if the appeal has not yet been filed, a party may apply to the court which passed the decree for a stay of execution of the decree.

The appellate court may in its discretion demand from the appellant, security for the cost of the appeal, or of the original suit, or both.