SECTION 96, 97 OF CODE OF CIVIL PROCEDURE 1908

What is Appeal from original decree? What is Appeal from final decree where no appeal from preliminary decree? Section 96 and 97 of Code of Civil Procedure 1908

Appeal from original decree and Appeal from final decree where no appeal from preliminary decree are defined under Section 96 and 97 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 96 of Code of Civil Procedure 1908 "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 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.

(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 Cause, when the amount or value of the subject-matter of the original suit does not exceed three thousand rupees.

 

Section 97 of Code of Civil Procedure 1908 "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 dispating its correctness in any appeal with may be preferred from the final decree

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