Section 97 of CPC : Section 97: Appeal From Final Decree Where No Appeal From Preliminary Decree

Explanation using Example

Imagine a scenario where a court issues a preliminary decree in a partition suit, which determines the shares of each party in a property. Raj, one of the parties, believes that the share allocated to him is unfair but decides not to appeal against this preliminary decree. Later, the court passes a final decree, finalizing the partition based on the shares determined in the preliminary decree. Raj is now unhappy with the final outcome and wants to appeal. According to Section 97 of The Code of Civil Procedure, 1908, since Raj did not appeal the preliminary decree, he cannot challenge the correctness of the share allocation in his appeal against the final decree.