Part VII (Appeals)

Question 1

Sec. 96
Appeal from Original Decree

Answer 1

Appeal shall lie from all decrees - unless provided otherwise in this code or any other law.
- such appeal shall lie before the court authorised to hear such appeal
- Appeal to lie from ex parte decree
- No appeal to lie from decree from consent of both parties
- No appeal except question of law from Small Causes Court unless value exceeding 10,000 Rs/-

Question 2

Sec. 97
Appeal - Fin Decree - Prelim Decree

Answer 2

Where party aggrieved from prelim decree.
He shall be precluded from appealing final decree

Question 3

Sec. 98
App heard by two judges

Answer 3

• Where appeal heard by 2 judges, decision to be taken by majority
• No majority, and 2 or other even number bench - to add one or more judges - and hear conjointly the point on which they differ
• No part of this section to impact Letter Patent in a HC

Question 4

Sec. 99
Decree on error or irregularity

Answer 4

• No decree reversed or modified solely because mis joinder or non joinder of parties; without impact on merits or jurisdiction of case;
• Non-joinder of necessary parties not excused