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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Under the Code of Civil Procedure, 1908, the provisions relating to appeals from original decrees apply, so far as may be, to appeals from which of the following?

The procedure for appeals from original decrees applies, so far as may be, to appeals from appellate decrees and to appeals from orders made under the Code or a special or local law, provided that law does not prescribe a different procedure.

  1. AAppellate decrees and orders made under the Code or under a special or local law where no different procedure is providedCorrect
  2. BOnly appellate decrees, and never orders
  3. COnly orders made under special or local laws that provide their own procedure
  4. DOnly decrees passed by High Courts in original civil jurisdiction

Explanation

Section 108 extends the procedure for appeals from original decrees, so far as may be, to appeals from appellate decrees and to appeals from orders made under the Code or under a special or local law in which a different procedure is not provided. The option limiting it to appellate decrees ignores clause (b) on orders.

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