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

Which statement correctly reflects Section 108 of the Code of Civil Procedure, 1908?

Section 108 applies the provisions on 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 that provides no different procedure.

  1. AProvisions on appeals from original decrees apply, so far as may be, to appeals from appellate decrees and from orders under the Code or under special or local law where no different procedure is providedCorrect
  2. BAppeals from appellate decrees are governed by a wholly separate procedure unrelated to original decree appeals
  3. CProvisions on appeals from original decrees apply only to appeals from orders and not to appellate decrees
  4. DProvisions on appeals from original decrees apply to orders under special laws even where those laws provide a different procedure

Explanation

Section 108 extends the original-decree appeal provisions, so far as may be, to appeals from appellate decrees and from orders under the Code or special or local law where a different procedure is not provided. Option D ignores that last qualification.

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