Right to appeal is statutory and substantive right. It is not merely appeal procedural right. Statutory right means must be conferred by statute unless it provides there won’t be any right to appeal. While right to institute a suit is not conferred by law. The right is inherent. But right to appeal has to be conferred by appeal statute. Where statute provides for right to appeal, it may constitute appeal machinery where shall the appeal lie. While the same isn’t true for right to sue. A civil suit has to be filed subject to condition of jurisdiction. An appeal is appeal substantive right. Right to appeal can’t be taken retrospectively because general rule of specific interpretation. Substantive law operates prospectively unless an express statute provides so.

An appeal is a constitution of proceedings. The appellate court can re-examine questions of fact and law and May even re-appreciate evidence. The powers of the first appellate court are co-extensive with those of the civil court of original jurisdiction. However, there may be certain self-imposed restraints in the exercise of such powers. However they are discretionary and Do not fetter jurisdiction of the courts. Unlike revision or review where limited grounds of interference are available, the appellate proceedings offer a much wider scope in deciding about correctness of the judgments of the courts below. First appeal may be filed on a question of fact or on a question of law or on a mixed question of fact and law may arise in a case. In determining the appellate forum, the value of the subject matter of the suit is material and not the claim in appeal.

Contact Us