Appeal from final decree where no appeal from preliminary decree
Section 97 of the Code of Civil Procedure, 1908 deals with 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. The Act came into force on 01 Jan 1909.
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, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Maddineni Koteswara Rao vs Maddineni Bhaskara Rao
Court's Decision & Legal Precedent
In a suit for partition, a suit stands disposed of only with the passing of the final decree. The court has jurisdiction to examine and determine the validity of testate or intestate succession and to adjust the shares of parties at the final decree stage, even if the Will was executed before the preliminary decree, provided that the examination of the Will evidence could not have been properly conducted before the preliminary decree. Multiple preliminary decrees in partition suits are permissible in law to properly settle disputed rights and adjust shares to reflect valid testamentary dispositions. A party claiming entitlement to shares based on a Will is entitled to plead for probate of the Will and have its genuineness decided within the partition suit proceedings itself, without filing a separate suit, and the adjustment of shares based on valid Will does not constitute an alteration of the preliminary decree but merely ensures proper final distribution reflecting all legal entitlements and successions applicable to the deceased party's share.
On this section: Provision provides that where any party aggrieved by preliminary decree does not appeal, they are precluded from disputing its correctness in appeal from final decree. Court held this provision inapplicable in partition suits where testamentary succession arises after preliminary decree, as the testamentary claim does not challenge the correctness of preliminary decree but addresses share devolution following death of a party.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 97
What have the courts held on Section 97 of the Code of Civil Procedure?
Maddineni Koteswara Rao vs Maddineni Bhaskara Rao (05 May 2009) is the leading judgment on this section among those set out below: Provision provides that where any party aggrieved by preliminary decree does not appeal, they are precluded from disputing its correctness in appeal from final decree. Court held this provision inapplicable in partition suits where testamentary succession arises after preliminary decree, as the testamentary claim does not challenge the correctness of preliminary decree but addresses share devolution following death of a party.
How do I find court cases under Section 97 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 97, section 97 CPC, section 97 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Maddineni Koteswara Rao vs Maddineni Bhaskara Rao (05 May 2009).
When did Section 97 of the Code of Civil Procedure come into force?
Section 97 of the Code of Civil Procedure, cited as CPC 97, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.