In short. The difference between a first appeal and a second appeal is the scope of what the appeal court can look at. A first appeal under Section 96 CPC reopens the whole case on facts and law. A second appeal under Section 100 CPC lies to the High Court only from an appellate decree and only on a substantial question of law. This guide is for anyone who has lost a civil suit in Delhi. A first appeal to the High Court must generally be filed within 90 days. Get a certified copy of the judgment and decree first.
Is this your situation?
- You lost a property, injunction or money suit in a Delhi district court and want to challenge the decree.
- You won at trial, but the first appeal court reversed the decree.
- You lost both the trial and the first appeal and want to know if the High Court will hear you again.
- Your case number at the High Court will start with RFA or RSA and you want to know what that means.
- The other side has filed an appeal against your decree and you received a notice.
- Your appeal is already late and you are worried about limitation.
Key points
- A first appeal is a full rehearing. The appeal court can re-examine the evidence, reverse findings of fact and decide the case afresh.
- A second appeal is narrow. The High Court hears it only if it raises a substantial question of law, and most second appeals are dismissed at the admission stage.
- Count your days. A first appeal to the High Court has 90 days, an appeal to the District Judge 30 days, and a second appeal 90 days, with the time spent getting certified copies excluded.
- Filing an appeal does not stop the decree. You must ask for a stay separately, and for money decrees the court usually wants a deposit or security.
- Put everything into the first appeal. Factual arguments you do not raise there cannot generally be raised in a second appeal.
First appeal and second appeal: the short answer
When people search for 'first appeal second appeal', they usually want to know one thing: how many chances do I get, and how much can each one change? A first appeal is your one real chance to have the whole case looked at again. A second appeal is a much more limited check on whether the law was applied correctly.
A first appeal lies under Section 96 of the Code of Civil Procedure 1908 against a decree passed by a court in its original jurisdiction, that is, the trial court's decree after the suit is decided. The appeal court reads the evidence, hears arguments on facts and law, and can confirm, reverse or modify the decree. It is a continuation of the suit, and the appellate court has all the powers of the trial court.
A second appeal lies under Section 100 of the CPC to the High Court against a decree passed in a first appeal by a subordinate court, such as an Additional District Judge. It can be heard only if the case involves a substantial question of law. Findings of fact by the first appeal court are, as a rule, final.
So a person who loses before a Civil Judge in Delhi can appeal to the District Judge (first appeal), and then, if he loses again, to the Delhi High Court (second appeal), but only on law. A person who loses before an Additional District Judge in an original suit goes straight to the Delhi High Court by first appeal, and usually has no second appeal at all; after the High Court, the next step is the Supreme Court.
First appeal vs second appeal at a glance
| Point | First appeal | Second appeal |
|---|---|---|
| Provision | Section 96 and Order 41, CPC | Section 100 and Order 42, CPC |
| Against what | Decree of the trial court (original decree) | Decree passed in a first appeal (appellate decree) |
| Grounds | Facts, law, or both | Only a substantial question of law |
| Who hears it in Delhi | District Judge or ADJ for Civil Judge decrees; High Court (RFA) for ADJ and District Judge decrees; Division Bench (RFA(OS)) for High Court original side decrees | Delhi High Court, single judge (RSA) |
| Time limit | 30 days to the District Judge; 90 days to the High Court (Article 116, Limitation Act) | 90 days to the High Court |
| Evidence | Record is re-read; additional evidence allowed in limited cases (Order 41 Rule 27) | No re-appreciation of evidence as a rule |
| Admission | Appeal is generally admitted unless plainly without merit | Admitted only if the High Court frames a substantial question of law |
| Further remedy | Second appeal (if from a subordinate appellate court) or Supreme Court | Supreme Court by special leave petition; no Letters Patent Appeal (Section 100A) |
What a first appeal can do
A first appeal is a rehearing on facts and law. The first appellate court must look at the evidence for itself, deal with the points argued, and give reasons. The Supreme Court in Santosh Hazari v. Purushottam Tiwari (2001) held that a first appellate court reversing the trial court must engage with the trial court's reasoning, not just state a different conclusion. Order 41 Rule 31 requires the judgment to state the points for determination, the decision on each, and the reasons.
The appeal court can take additional evidence under Order 41 Rule 27, but only in limited situations: the trial court wrongly refused to admit evidence, the evidence could not be produced earlier despite due diligence, or the appeal court itself needs it to pronounce judgment. It is not a second chance to fill holes you left at trial. It can also send the case back to the trial court (remand) in specified circumstances under Rules 23 and 23A, and can pass any decree that ought to have been passed, even in favour of a party who did not appeal (Rule 33).
A respondent who is broadly satisfied with the decree but objects to one finding can file cross-objections under Order 41 Rule 22, generally within one month of being served with notice of the appeal. Many respondents miss this and then cannot challenge the adverse finding later.
No first appeal lies from a decree passed with the consent of the parties (Section 96(3)). An ex parte decree can be appealed (Section 96(2)), and the appeal can run alongside an application to set it aside before the trial court, though the two routes overlap and the choice needs care.
Where your appeal goes in Delhi
The forum depends on which court passed the decree, and in Delhi that depends on the value of the suit. Civil Judges hear smaller suits; the limit has long been Rs 3 lakh, and a proposal to raise it has been under consideration, so check the current figure. First appeals from their decrees go to the District Judge, and are usually heard by an Additional District Judge in the same district court complex, whether Saket, Tis Hazari, Karkardooma, Rohini, Dwarka or Patiala House.
Suits above the Civil Judge's limit and up to Rs 2 crore are tried by District Judges and Additional District Judges. A first appeal from their decrees lies to the Delhi High Court and is registered as a Regular First Appeal, an RFA, heard by a single judge. Suits above Rs 2 crore are tried on the High Court's own original side, and a first appeal from a single judge's decree there goes to a Division Bench as RFA(OS). The Rs 2 crore figure is the limit at present; a proposal to raise it is pending, so check the current limit.
Second appeals from the decree of an ADJ in a first appeal come to the Delhi High Court as Regular Second Appeals (RSA). In practice, RSAs often involve injunction, possession and easement suits that were valued low and began before a Civil Judge.
Some decrees follow a different road. Commercial court decrees go by appeal under Section 13 of the Commercial Courts Act within 60 days; our guide on commercial appeals under Section 13 explains this. Family court decrees go to the High Court under Section 19 of the Family Courts Act within 30 days, covered in our guide on appealing a divorce decree. Appeals against interim orders, such as an injunction order, are First Appeals from Order (FAO) under Section 104 and Order 43, not RFAs.
RFA in Delhi High Court: what actually happens
An RFA in the Delhi High Court is filed through the e-filing portal with the memorandum of appeal, a copy of the judgment and decree, an application for stay if needed, an application for condonation of delay if late, and the court fee. The Registry checks the filing and raises objections, which must be cured before the appeal is listed. Our guide on curing Registry objections explains the usual ones. This is a private law firm website; official case status and filing information is on the Delhi High Court's own website.
At the first listing, the judge decides whether to issue notice to the respondent. Under Order 41 Rule 11, an appeal can be dismissed at this stage without notice if it is plainly without merit, but most RFAs are admitted. The court then calls for the trial court record, which contains the pleadings, evidence and exhibits.
After notice is served and the record arrives, the appeal waits for final hearing. RFAs are not usually heard quickly; depending on the board and the age of the case, final hearing can take several years. Interim orders, especially on stay, are therefore often more important in practice than the final outcome.
When Advocate B.K. Singh prepares an RFA, he reads the trial court's evidence himself before drafting grounds, because the strongest appeal points often lie in a witness's cross-examination that the trial judgment never mentioned. Grounds drawn only from the judgment tend to repeat the trial court's own framing.
What a second appeal is, and why it is so narrow
The idea behind Section 100 is that two courts have already examined the facts, the trial court and the first appeal court. The High Court's job in a second appeal is not to examine them a third time but to correct errors of law of real importance. Section 101 states plainly that no second appeal lies except on the grounds in Section 100.
The memorandum of a second appeal must precisely state the substantial question of law involved (Section 100(3)). If the High Court is satisfied that such a question arises, it formulates the question (Section 100(4)), and the appeal is heard on that question. The respondent can argue at the hearing that the case does not involve it. The court can hear the appeal on another substantial question it did not originally frame, but only for reasons recorded (proviso to Section 100(5)).
Section 102 bars any second appeal in a suit for recovery of money not exceeding Rs 25,000. Section 103 allows the High Court, in limited cases, to decide an issue of fact that the lower courts did not decide or decided wrongly because of an error of law, so the case need not go back again.
The practical result: a large share of second appeals are dismissed at the admission stage, often in a short order saying that no substantial question of law arises and that the appellant is in substance asking for re-appreciation of evidence.
What counts as a substantial question of law?
A substantial question of law is a question of law that is debatable, not already settled by binding authority, and that affects the decision of the case. The Supreme Court explained the test in Hero Vinoth v. Seshammal (2006). A question of law that has been clearly settled by the Supreme Court is not 'substantial' unless the lower courts disregarded that settled law, in which case the departure itself can raise one.
Examples that can qualify: the lower courts misread or ignored a document that decides the case, such as the true construction of a will, sale deed or partition deed; a finding is based on no evidence or on inadmissible evidence; the burden of proof was placed on the wrong party; a legal bar such as limitation, res judicata or the proviso to Section 34 of the Specific Relief Act was ignored; or the findings are so perverse that no reasonable court could have reached them on the evidence.
Examples that usually do not: one witness should have been believed over another; the court gave too little weight to a document; the facts could support a different conclusion. These are questions of fact, however strongly the appellant feels about them.
Advocate B.K. Singh's advice to clients who have lost a first appeal is to test the case honestly against this standard before filing. A second appeal drafted as a third round on facts is usually dismissed at admission, and the cost and delay are then wasted; sometimes the money is better spent on a settlement or on a different remedy.
The provisions that govern civil appeals
Section 96 and Order 41, CPC
First appeal from an original decree. Order 41 sets out the form of the memorandum, stay (Rule 5), dismissal at admission (Rule 11), cross-objections (Rule 22), remand (Rules 23 to 25), additional evidence (Rule 27), the contents of the judgment (Rule 31) and the court's wide power to pass the proper decree (Rule 33).
Sections 100 to 103 and Order 42, CPC
Second appeal to the High Court only on a substantial question of law; no second appeal on other grounds; no second appeal in money suits up to Rs 25,000; limited power to decide issues of fact.
Section 100A, CPC
Where an appeal from an original or appellate decree is decided by a single judge of a High Court, no further appeal lies, despite any Letters Patent. So an RFA or RSA decided by a single judge in Delhi cannot be taken to a Division Bench.
Article 116 and Sections 5 and 12, Limitation Act 1963
Ninety days for an appeal to a High Court and thirty days to any other court, from the date of the decree. Section 12 excludes the time taken to obtain a copy of the decree or judgment; Section 5 allows delay to be condoned for sufficient cause.
How to file a first appeal in the Delhi High Court
Apply for certified copies at once
Apply to the trial court's copying agency for certified copies of the judgment and the decree on the day of the judgment or soon after. The decree is sometimes drawn up days later; note the dates, because the time spent is excluded from limitation.
Read the record, not just the judgment
Get the pleadings, issues, evidence and exhibits from your trial lawyer or by inspection. Identify the findings you challenge and the evidence that contradicts them.
Draft the memorandum of appeal
State concise grounds, numbered, covering both facts and law. Value the appeal correctly and calculate court fee on the relief challenged.
Prepare applications
Add an application for stay under Order 41 Rule 5 if you need the decree suspended, and an application for condonation of delay under Section 5 if you are late, explaining every period of delay.
E-file and cure objections
File through the Delhi High Court's e-filing system with the vakalatnama, affidavits and court fee. Respond quickly to Registry objections so the appeal is listed.
Admission and notice
At the first hearing, argue for admission and interim stay. If the court issues notice, ensure service on all respondents and that the trial court record is called for.
Final hearing
When the appeal is reached for hearing, the court hears both sides on the record. Prepare a short written note of arguments with page references to the evidence.
Time and cost for civil appeals
| Stage | Typical time | Court fee and costs in general terms |
|---|---|---|
| Certified copies of judgment and decree | A few days to a few weeks | Copying charges, modest |
| Filing within limitation | 30 days (District Judge) or 90 days (High Court), plus copy time | Court fee on the memorandum generally follows the value of the relief challenged; check the current schedule |
| Admission and interim stay | First listing within weeks of curing objections | Deposit or security may be ordered for stay of a money decree |
| First appeal to final hearing in the High Court | Often 2 to 6 years or more, depending on the board | Printing or paper book costs; lawyer's fees agreed in writing stage by stage |
| Second appeal admission | A few weeks to a few months after filing | Court fee as for the appeal value |
| Second appeal final hearing, if admitted | Several years | As above |
| Special leave petition to the Supreme Court | 90 days to file from the High Court judgment | Supreme Court court fee and Advocate-on-Record charges |
Does an appeal stop the decree from being enforced?
No. Order 41 Rule 5 says an appeal does not operate as a stay of proceedings under the decree. The decree-holder can file for execution unless the appeal court orders a stay. If you need the decree held back, you must apply for it and show sufficient cause, substantial loss if the decree is executed, and readiness to give security.
For money decrees, the High Court commonly grants stay on condition that the appellant deposits the decretal amount, or a part of it, or furnishes security. For possession decrees, the court may stay dispossession but direct the appellant to pay use and occupation charges while the appeal is pending, following the approach in Atma Ram Properties v. Federal Motors (2005). For injunction decrees, the court considers the balance of convenience afresh.
Do not assume that filing alone protects you. Many appellants discover that the decree-holder has filed execution and attached their bank account while their appeal sat in the Registry with objections. File the stay application with the appeal and press for it at the first hearing.
Documents for filing an appeal
From the trial court
- Certified copy of the judgment
- Certified copy of the decree
- Plaint, written statement, replication and issues
- Evidence affidavits, cross-examination transcripts and exhibits
- Order sheets, especially orders on applications
For a second appeal, also
- Certified copy of the first appeal court's judgment and decree
- Memorandum of the first appeal and any cross-objections
- A draft of the substantial questions of law, tied to the record
For filing
- Vakalatnama signed by the appellant
- Affidavits supporting the appeal and any applications
- Proof of dates of applying for and receiving certified copies
- Court fee
- Addresses and contact details of all respondents
If your appeal is late
Limitation is counted from the date of the decree, but the days between applying for and receiving the certified copy are excluded under Section 12 of the Limitation Act. Keep the copying agency's stamps on the application and the copy, because the Registry will count from them.
If you are still late, file the appeal with an application under Section 5 of the Limitation Act, as Order 41 Rule 3A requires, explaining the delay. Courts generally take a liberal view of short delays explained honestly, such as illness or a lawyer's error promptly corrected, and a stricter view of long, unexplained gaps or deliberate inaction. Vague explanations are the most common reason condonation applications fail.
A delay in filing a second appeal is viewed with less sympathy, because the appellant has already had two rounds. If you are close to the deadline, file on time with the material you have; grounds can be refined later with the court's permission.
After the High Court decides
Once a single judge of the Delhi High Court decides an RFA or RSA, Section 100A bars a further intra-court appeal, so a Letters Patent Appeal to a Division Bench does not lie. Our guide on Letters Patent Appeals explains where an LPA is still available, mainly from writ and certain original side orders.
The remaining options are a review petition before the same judge if there is an error apparent on the record, explained in our guide on filing a review petition, or a special leave petition to the Supreme Court under Article 136 within 90 days. Our guide on going to the Supreme Court against a Delhi High Court judgment sets out that step. Interim orders of a trial court that are not appealable are challenged differently, usually by a petition under Article 227, covered in our guide on Article 227 petitions.
A made-up example: a boundary dispute in Burari
Here's a made-up example. Suresh sues his neighbour in Burari for a permanent injunction, claiming the neighbour's new wall encroaches two feet onto his plot. The suit is valued low and goes to a Civil Judge at Rohini, who dismisses it, preferring the neighbour's site plan.
Suresh files a first appeal before the District Judge within 30 days. The ADJ re-reads the evidence, finds that the neighbour's site plan was never proved by its maker and that the demarcation report by the revenue authorities supports Suresh, and decrees the suit. This is the kind of factual reassessment a first appeal allows.
The neighbour files a second appeal in the Delhi High Court, arguing the ADJ should have believed his witnesses. The High Court finds no substantial question of law, because the dispute is about which evidence to believe, and dismisses the second appeal at admission. Had the neighbour shown that the ADJ relied on a document never admitted in evidence, the outcome at admission might have been different.
Mistakes people make with civil appeals
- Waiting for the lawyer to 'get the copy'. Apply for certified copies yourself if needed; the limitation clock does not wait.
- Holding back factual points for later. Arguments on facts must be made in the first appeal; there is no third round on facts.
- Framing a second appeal on credibility. 'The court should have believed my witness' is not a substantial question of law.
- Not asking for a stay. Without a stay order, the decree can be executed while the appeal is pending.
- Skipping cross-objections. A respondent who does not file cross-objections in time may lose the chance to attack an adverse finding.
What to do this week
Note the date of the decree and apply for certified copies of the judgment and decree today. Count your limitation period: 30 days to the District Judge or 90 days to the High Court, plus copy time. Collect the trial record and ask your lawyer to identify, in writing, which findings are wrong and why.
If the other side's decree can be executed against you, plan the stay application now and work out what deposit or security you can offer. Our page on civil first and second appeals in the Delhi High Court explains how the firm handles RFAs and RSAs, and the difference between a first appeal and second appeal in your own case will shape the grounds.
If you have lost a civil suit or a first appeal, you can contact Advocate B.K. Singh for advice on your judgment and papers, or for updates on the law on civil appeals. More detail on filing is on our civil appeals page.
Frequently asked questions
Can I file a second appeal if I lost in the Delhi High Court's RFA?
No. A single judge's decision in a first appeal cannot be taken to a Division Bench, because Section 100A CPC bars a further appeal. The options are a review before the same judge on a narrow ground, or a special leave petition to the Supreme Court.
What does RFA mean in Delhi High Court case numbers?
RFA stands for Regular First Appeal, a first appeal against a decree of a district court. RFA(OS) is a first appeal against a decree of a single judge on the High Court's original side, heard by a Division Bench. RSA means Regular Second Appeal.
Can new evidence be filed in a first appeal?
Only in limited cases under Order 41 Rule 27, such as evidence the trial court wrongly refused, or evidence that could not be produced earlier despite due diligence. The appeal court can also ask for evidence it needs to decide. It is not a route to fill gaps you left at trial.
Is there a court fee for filing an appeal?
Yes. Court fee on the memorandum of appeal generally depends on the value of the relief you challenge, as in the suit. Check the current schedule, and value the appeal carefully, because Registry objections on court fee delay listing.
How many second appeals get admitted?
There are no official percentages published for this, but in practice a large share are dismissed at admission because no substantial question of law arises. Appeals that show a clear legal error in reading a document or applying a statutory bar stand a better chance.
Can the appeal court increase the amount awarded against me?
Yes, if the other side files a cross-appeal or cross-objections, and in some cases under Order 41 Rule 33 even without them. An appeal can make your position worse, so weigh the risk before filing.
Do I have to appear in person for my appeal hearing?
Usually not. Appeals are argued by lawyers on the record. You may need to attend if the court wants you present for a settlement discussion or to give an undertaking, and hybrid hearings make this easier for people outside Delhi.
Can I settle the case while the appeal is pending?
Yes. Parties can settle at any stage, and the appeal court can record the settlement and pass a decree in its terms. Courts often refer pending appeals to mediation at the Delhi High Court's mediation centre.
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M. More than twenty years in practice before the Supreme Court, the Delhi High Court, Delhi district courts and tribunals. This guide was written and reviewed by his team.
This guide explains the law in general terms and is not legal advice. For advice on your own papers, contact the team.
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