Code of Civil Procedure, 1908

Sections 96 and 97 CPC: Appeal from Original Decree and Preliminary Decree

Section 96 CPC provides the general right of first appeal from a decree passed by a Court exercising original jurisdiction, subject to statutory exceptions. It permits an appeal from an ex parte decree, bars an appeal from a consent decree, and restricts appeals in specified Small Cause Court matters to questions of law. Section 97 CPC provides that a party who does not appeal an appealable preliminary decree cannot later dispute its correctness in an appeal from the final decree.

Sections 96 and 97 form part of Part VII of the Code of Civil Procedure, 1908, dealing with appeals. Section 96 concerns appeals from original decrees. Section 97 addresses the consequence of failing to challenge a preliminary decree before the final decree is passed.

Section 96 CPC - Appeal from Original Decree

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.

(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 ten thousand rupees.

Meaning and Effect of Section 96 CPC

Section 96 creates the ordinary statutory right of first appeal against an original decree unless the Code or another law expressly provides otherwise. The appeal lies to the Court authorized to hear appeals from the Court that passed the decree.

Appeal from an ex parte decree

Under Section 96(2), an original decree passed ex parte may be challenged by way of appeal. This remedy exists alongside other remedies that may be available under the Code, subject to their respective requirements.

No appeal from a consent decree

Section 96(3) expressly bars an appeal from a decree passed with the consent of the parties.

Small Cause Court suits and the Rs. 10,000 threshold

Under the current central text of Section 96(4), where the decree arises from a suit of the nature cognisable by Courts of Small Causes and the subject-matter does not exceed Rs. 10,000, an appeal lies only on a question of law.

Section 97 CPC - No Challenge to Preliminary Decree in Appeal from Final Decree

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.

Meaning and Effect of Section 97 CPC

Section 97 requires an aggrieved party to challenge an appealable preliminary decree at the proper stage. If no appeal is filed against that preliminary decree, its correctness cannot ordinarily be reopened later in an appeal from the final decree.

Official reference: The current central text of Sections 96 and 97 is available in the Code of Civil Procedure, 1908 on India Code.

Important: The CPC is subject to amendments applicable in particular States and to special statutes that may alter or restrict appellate remedies. The relevant State amendments, court rules and special enactments should therefore be checked for a specific proceeding.