Section 97 in The Code of Civil Procedure, Svt. 1977 (1920 A.D.)
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. Decisions where appeal heard by two or more Judges] [Section 98 re-inserted by Act No. XXXIX of Svt. 2011.]. - (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 or other even number of Judges belonging to a Court consisting of more Judges than those constituting the bench 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 ] [Substituted by Act No. XI of 1983, section 29 (w.e.f. 15-08-1983).].
