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.
ADVERTISEMENTS:
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.
Image Source: 185.26.182.219
ADVERTISEMENTS:
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.
ADVERTISEMENTS:
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.