A civil appeal is a challenge to a decree or order of a civil court before a higher court. The appeal memo is the document that initiates the appeal — it sets out the grounds of appeal and the relief sought. A well-drafted appeal memo is essential for a successful civil appeal. TRW — Tahmidur Rahman Remura Wahid Law Associates drafts appeal memos with the same rigour and attention to detail as plaints.
Legal Framework for Civil Appeals
Civil appeals in Bangladesh are governed by Sections 96-112 of the CPC and Order 41. Section 96 provides for appeals from original decrees. Section 100 provides for second appeals on questions of law. Section 104 provides for appeals from orders. The appeal must be filed before the appropriate appellate court within the prescribed limitation period, accompanied by a certified copy of the decree or order appealed against.
The grounds of appeal in a civil case include: the decree is against the weight of evidence; the court misapplied the law; the court failed to consider relevant evidence; the court's findings of fact are perverse; the court's assessment of damages is excessive or inadequate; and the court's order on costs is unjust.
Stay of Decree Pending Appeal
When a civil appeal is filed, TRW applies for a stay of execution of the decree pending the hearing of the appeal. Without a stay, the decree holder can proceed to execute the decree even while the appeal is pending. TRW prepares a comprehensive stay application, showing that the appeal raises serious questions of law and that the balance of convenience favours a stay. The court has discretion to grant or refuse a stay, and may impose conditions (such as deposit of the decretal amount).
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team draft appeal memos and argue civil appeals before the District Court and the High Court Division. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is the time limit for filing a civil appeal?
A: Generally 30 days from the date of the decree for appeals to the District Court, and 90 days for appeals to the High Court Division.
Q: Can I appeal against an ex parte decree?
A: Yes. An ex parte decree can be challenged by appeal or by an application to set aside the ex parte decree under Order 9, Rule 13 of the CPC.
Q: What is a second appeal?
A: A second appeal under Section 100 of the CPC lies to the High Court Division on a substantial question of law.
