Section 20 of The Bengal, Agra and Assam Civil Courts Act, 1887
- (1)Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or orderof a District Judge or Additional Judge shall lie to the High Court.
- (2)An appeal shall not lie to the High Court from a decree or order of an Additional Judge in any case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.
Summary
- This section explains where a person goes to challenge a decision made by a District Judge or an Additional Judge.
- Generally, if you disagree with a decree (final decision) or order from these judges, you must appeal to the High Court.
- This rule applies unless there is another specific law in place that says otherwise.
- There is a restriction: you cannot appeal an Additional Judge's decision to the High Court if that same decision would not be appealable if a District Judge had made it.
Practical examples
FAQ
1. If a District Judge rules against me, can I appeal to a Subordinate Judge?
No, the law states that appeals from a District Judge must go to the High Court.
2. Does this rule cover all types of court orders?
It covers decrees and orders, provided that an appeal is not blocked by another law or by the specific restriction regarding Additional Judges.
3. Can I always appeal an Additional Judge’s decision to the High Court?
Only if a District Judge’s decision in that same situation would also be allowed to be appealed to the High Court.
Test yourself
Q1.Under Section 20 of The Bengal, Agra and Assam Civil Courts Act, 1887, where does an appeal from a District Judge's decree usually lie?
Q2.Under Section 20 of The Bengal, Agra and Assam Civil Courts Act, 1887, what is the limitation on appealing an order from an Additional Judge?
Q3.Under Section 20 of The Bengal, Agra and Assam Civil Courts Act, 1887, which judges' decisions are grouped together for the purpose of High Court appeals?
Q4.According to Section 20 of The Bengal, Agra and Assam Civil Courts Act, 1887, what can override the general rule that appeals go to the High Court?