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APPEAL FROM PRELIMINARY & FINAL DECREE

Section 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.

 Appeal from final decree shall not include issues pertaining to or happened before
preliminary decree

 If preliminary decree falls, final decree shall fall too

 If preliminary decree is varied, final decree will be vacated

 Appeal against preliminary decree, if decided after final decree is passed. Appeal against
preliminary decree shall not abate or infructous

 Appeal against preliminary decree can be filed even after passage of final decree, subject
to limitation

 If limitation allows one appeal can be filed against both preliminary and final decree

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