Lawgist98Decision where appeal heard by two or more Judges
(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 1[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.
2[(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to patent of any High Court.]
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1. Subs. by Act 104 of 1976, s. 34, for certain words (w.e.f. 1-2-1977).
2. Ins. by Act 18 of 1928, s. 2 and the First Sch.
- 96 Appeal from original decree
- 97 Appeal from final decree where no appeal from preliminary decree
- 98 Decision where appeal heard by two or more Judges
- 99 No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
- 99A No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
