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.
Section 97 CPC: Appeal from final decree where no appeal from preliminary decree
Bare Act text
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
- 96 Appeal from original decree
- 97 Appeal from final decree where no appeal from preliminary decree
- 98 Decision where appeal heard by two or more Judges
- 99 No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
- 99A No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
- 100 Second appeal
- 100A No further appeal in certain cases
- 101 Second appeal on no other grounds
- 102 No second appeal in certain cases
- 103 Power of High Court to determine issue of fact
- 104 Orders from which appeal lies
- 105 Other orders
- 106 What Courts to hear appeals
- 107 Powers of Appellate Court
- 108 Procedure in appeals from appellate decrees and orders
- 109 When appeals lie to the Supreme Court
- 110 Value of subject matters (Repealed)
- 111 Bar of certain appeals (Repealed)
- 111A Appeals to Federal Court (Repealed)
- 112 Savings