Appeals from Original Decrees (Section 96)

1. The Right of First Appeal [Section 96(1)]

• The Baseline Rule: An appeal shall lie from every decree passed by any court exercising original jurisdiction.
• Decree vs. Order: The right of appeal under this section applies strictly to a Decree (not a mere finding, opinion, or standard order).

2. Appeals Against Ex-Parte Decrees [Section 96(2)]

• The Rule: An appeal may lie from an original decree passed ex-parte (a decree passed in the absence of the defendant).
• Test Keyword: An ex-parte decree is legally appealable.

3. Absolute Bar on Consent Decrees [Section 96(3)]

• The Rule: No appeal shall lie from a decree passed by the Court with the consent of parties.
• Terminology: A decree passed with the mutual consent of the parties is commonly known as a Compromise decree.

4. Statutory Powers of an Appellate Court

When an appeal is filed, the Appellate Court is vested with broad powers under the Code to handle the dispute. It has the legal power to:

• Determine a case finally (by confirming, varying, or reversing the lower court's decree).
• Frame new issues and remand the case back to the trial court for retrial.