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Section 96 -99A CPC

96.Appeal from original decree.

(1) Save where otherwise expressly provided in the body AP 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 parse.

(3) No appeal shall lie from a decree passed by the Court with the consent of parties.

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

98.Decision where appeal heard by two or more Judges.

(1) Where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided in accordance
with the opinion of such Judges or of the majority (if any) of such Judges.

(2) Where there is no such majority which concurs in a judgment varying or reversing the decree appealed
from, such decree shall be confirmed:

Provided that where the Bench hearing the appeal is composed of two Judges belonging to a Court
consisting of more than two Judges, and the Judges composing the Bench differ in opinion on a point of
law, they may state the point of law upon which they differ and the appeal shall then be heard upon that
point only by one or more of the other Judges, and such point shall be decided according to the opinion of
the majority (if any) of the Judges who have heard the appeal, including those who first heard it.

99.No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction.
No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account
of any misjoinder of parties or causes of action or any error, defect or irregularity in any proceedings in
the suit. not affecting the merits of the case or the jurisdiction of the Court.

99A. No order under section 47 to be refused or modified unless decision of the case is prejudicially
affected.

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[99A. No order under section 47 to be refused or modified unless decision of the case is prejudicially
affected.

Without prejudice to the generality of the provisions of section 99, no order under section 47 shall be
reversed or substantially varied, on account of any error, defect or irregularity in any proceeding relating
to such order, unless such error, defect or irregularity has prejudicially affected the decision of the case.]

Article 227 in The Constitution Of India 1949

227. Power of superintendence over all courts by the High Court

(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories
interrelation to which it exercises jurisdiction

(2) Without prejudice to the generality of the foregoing provisions, the High Court may

(a) call for returns from such courts;

(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such
courts; and

(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of
such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made,
forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the
provision of any law for the time being in force, and shall require the previous approval of the Governor

(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any
court or tribunal constituted by or under any law relating to the Armed Forces.
Article 300 of the Constitution of India

 The Government of India may sued and be sued by the name of Union of India and the
Government of a state may sue or be sued by the name of the state and may ,subject to any provision
which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of the
power conferred by this Constitution , sue or be sued in relation to their respective affairs in the like
cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States
might have sued or been sued if this constitution had not been enacted.
 If at the commencement of this Constitution .
1. any legal proceedings are pending to which Dominion of India is a party , the Union of India
shall be deemed to be substituted for the Dominion in those proceedings, and ,
2. any legal proceedings are pending to which a Province or an Indian State is a party the
corresponding State shall be deemed to be substituted for the Province or the Indian State in those
proceedings.

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