In Spain the jurisdiction and procedure with reference to
appeals is on the same lines as in France. As regards civil matters it
is regulated by title 21 of the Civil Procedure Code. The appeal to the
supreme court is for the most part on questions of law (_por infraccion
de ley o de doctrina_); but the court has also power to review judgments
on materials not available at the first hearing (arts. 1796, 1801).
_British India._--In British India complete and systematic provision is
made for appeals both in civil and in criminal cases by the Procedure
Codes (Civil of 1882, with subsequent amendments, and Criminal of 1898),
and also to some extent by the charters of the high courts of Calcutta,
Bombay and Madras (see Ilbert, _Government of India_, Oxford, 1898, p.
137). In addition, the decisions of subordinate tribunals may be revised
by a superior tribunal _proprio motu_, or reviewed in a proper case by
the tribunal which has given them; and provision is made for the
consultation of a superior by an inferior tribunal in cases of legal
difficulty. The policy of admitting so many appeals has been criticized.
But with an enormous population which has no representative institutions
it has been deemed wise to provide ample means of correcting judicial
errors at the instance not only of the aggrieved person but also at the
instance of the supervising judicial authorities, as a means of ensuring
regularity and propriety in the conduct of judicial business by
subordinate judges in out-of-the-way districts.
_Civil Appeals._--(1) Except where otherwise expressly provided by the
Civil Procedure Code, or by any other law for the time being in force,
an appeal lies from the whole or part of any decree, whether made _ex
parte_ or _inter partes_, of a court exercising original jurisdiction
(Civil Procedure Code, S 540). By "decree" is meant the final expression
of an adjudication upon a right claimed or defence set up in a civil
court, when such adjudication, so far as regards the court expressing
it, decides the suit (S 2). The appeal is both on facts and on law. The
procedure on the appeal is prescribed by c. 41 of the Civil Procedure
Code, and the directions of the code deal even with the language of the
judgment on appeal and the matters to be stated therein. (2) Decrees
passed on an appeal to any court in India subordinate to a High Court
are as a general rule subject to appeal to the High Court on the grounds
(a) that they are
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