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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part VII: Appeals

Section 97 CPC: Appeal from final decree where no appeal from preliminary decree

Bare Act text

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.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where a party aggrieved by a preliminary decree passed after the Code commenced does not appeal from it, he is precluded from disputing its correctness in any appeal from the final decree. A party who wants to challenge a preliminary decree must therefore appeal from it at that stage.

Part VII: Appeals

  1. 96 Appeal from original decree
  2. 97 Appeal from final decree where no appeal from preliminary decree
  3. 98 Decision where appeal heard by two or more Judges
  4. 99 No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
  5. 99A No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
  6. 100 Second appeal
  7. 100A No further appeal in certain cases
  8. 101 Second appeal on no other grounds
  9. 102 No second appeal in certain cases
  10. 103 Power of High Court to determine issue of fact
  11. 104 Orders from which appeal lies
  12. 105 Other orders
  13. 106 What Courts to hear appeals
  14. 107 Powers of Appellate Court
  15. 108 Procedure in appeals from appellate decrees and orders
  16. 109 When appeals lie to the Supreme Court
  17. 110 Value of subject matters (Repealed)
  18. 111 Bar of certain appeals (Repealed)
  19. 111A Appeals to Federal Court (Repealed)
  20. 112 Savings