Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 68

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 68, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

                                                           PART VII
                                                            APPEALS
                                                  Appeals from original decrees
   96. Appeal from original decree.—(1) Save where otherwise expressly provided in the body of this
Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any
Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such
Court.
     (2) An appeal may lie from an original decree passed ex parte.
     (3) No appeal shall lie from a decree passed by the Court with the consent of parties.
     1
    [(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature
cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit
does not exceed 2[ten thousand rupees].]
    97. Appeal from final decree where no appeal from preliminary decree.—Where any party
aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such
decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from
the final decree.
    98. Decision where appeal heard by two or more Judges.—(1) Where an appeal is heard by a Bench
                                                                                   e
of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the
majority (if any) of such Judges.                                          od
   (2) Where there is no such majority which concurs in a judgment varying or reversing the decree
appealed from, such decree shall be confirmed :                      aC
    Provided that where the Bench hearing the appeal is 3[composed of two or other even number of
                                                              di
Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the Judges
                                                         In
composing the Bench differ in opinion on a point of law, they may state the point of law upon which they
differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and
such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard
the appeal, including those who first heard it.
     4
     [(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to
patent of any High Court.]
     99. No decree to be reversed or modified for error or irregularity not affecting merits or
jurisdiction.—No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal
on account of any misjoinder 5[or non-joinder] of parties or causes of action or any error, defect or irregularity
in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court:
     6
      [Provided that nothing in this section shall apply to non-joinder of a necessary party.]
     7
     [99A. No order under section 47 to be reversed or modified unless decision of the case is
prejudicially affected.—Without prejudice to the generality of the provisions of section 99, no order under
section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any
proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision
of the case.]
                                                    Appeals from appellate decrees
     8
      [100. Second appeal.—(1) Save as otherwise expressly provided in the body of this Code or by any

1. Ins. by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 9, for “three thousand rupees” (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 34, for certain words (w.e.f. 1-2-1977).
4. Ins. by Act 18 of 1928, s. 2 and the First Schedule.
5. Ins. by Act 104 of 1976, s. 35 (w.e.f. 1-2-1977).
6. Proviso Added by s. 35, ibid. (w.e.f. 1-2-1977).
7. Ins. by s. 36, ibid. (w.e.f. 1-2-1977).
8. Subs. by s. 37, ibid., for section 100 (w.e.f. 1-2-1977).




                                                                68

Compare original page image