Unit 3 of Drafting, Pleading and Conveyancing – III (syllabus: Module III — civil and criminal memoranda of appeal and revision, review petitions, writ petitions, correction of errors in judgments, speaking to the minutes, and appeal and revision under the Consumer Protection Act 2019). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What must a civil memorandum of appeal contain, and why are the grounds written the way they are?
- What is special about a second appeal, and how is the substantial question of law drafted?
- When does a civil revision lie under section 115, and how are its grounds framed?
- Who may appeal against an acquittal, and what leave is needed?
- On what grounds may a civil court review its own decree, and why is review not an appeal in disguise?
- Can a criminal court review its own judgment, and what may be filed instead?
- What is the difference between an application under section 152 and speaking to the minutes?
- What appeals and revisions lie under the Consumer Protection Act 2019, and what conditions attach to them?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Code of Civil Procedure, 1908, s. ss. 96 and 107 and Order XLI rules 1, 2, 5, 22 and 33
- Code of Civil Procedure, 1908, s. ss. 100, 102 and 104 and Order XLIII
- Code of Civil Procedure, 1908, s. s. 115
- Bharatiya Nagarik Suraksha Sanhita, 2023, s. ss. 413, 415, 418, 419, 423, 425 and 430
- Code of Civil Procedure, 1908, s. s. 114 and Order XLVII rules 1, 3 and 4
- Bharatiya Nagarik Suraksha Sanhita, 2023, s. s. 403, read with Article 137 of the Constitution of India
- Code of Civil Procedure, 1908, s. ss. 152 and 153 and Order XX rules 3 and 6
- Consumer Protection Act, 2019, s. ss. 40, 41, 47(1)(b), 50, 51, 58(1)(b), 60, 67 and 68