Appeal to the Supreme Court
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Summary
A person may appeal to the Supreme Court from any final decree or order under this Act made by a High Court, or from a decree or order made in original jurisdiction by Judges of a High Court or a Division Court, except a decree nisi. The High Court must declare the case fit for appeal. Only then can the appeal to the Supreme Court proceed.
Example
Priya loses a final property decree in her divorce case in the High Court; the decree is not a decree nisi. She wants to appeal to the Supreme Court. If the High Court declares the case fit for appeal, she may file an appeal to the Supreme Court; if not, she cannot.
Bare Act
Enacted textAny person may appeal to the Supreme Court from any decree (other than a decree nisi) or order under this Act of a High Court made on’ appeal or otherwise, and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by Judges of a High Court or of any Division Court from which an appeal shall not lie to the High Court, when the High Court declares that the case is a fit one for appeal to the Supreme Court.
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