Section 99 in The Code of Civil Procedure, Svt. 1977 (1920 A.D.)
99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
- No decree shall be reversed or substantially varied, nor shall any case be remanded in appeal on account of any misjoinder or [non-joinder] [Inserted by Act No. XI of 1983, section 30.] of parties or causes of action or any error, defect or irregularities in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court:[Provided that nothing in this section shall apply to non-joinder of a necessary party] [Added ibid.].[99-A. No order under section 47 to be reversed or modified unless decision of the case is pre-judicially 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 pre-judicially affected the decision of the case.] [Section 99-A, inserted by Act No. XI of 1983, section 31 w.e.f. 15-8-1983.][100. Second appeal. - (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that case involves a substantial question of law.(2)An appeal may lie under this section from an appellate decree passed ex parte.(3)In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.(4)Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.(5)The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reason to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question] [Section 100 substituted by Act No. XI of 1983, section 32 (w.e.f. 15-08-1983).].[100-A. No further appeal in certain cases. - Notwithstanding anything contained in any Letters Patent of the High Court or in any instrument having the force of law or in any other law for the time being in force in the State, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgement and decree of such Single Judge.] [Substituted by Act VI of 2009, dated 20.3.2009.]
