96.(1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear appeals from the decisions of such Court.(2) An appeal may lie from an original decree passed ex parte.(3) No appeal shall lie from a decree passed by the Court with the consent of parties.

97. 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.

98.(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 composed of two Judges belonging to a Court consisting of more than two Judges, 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. (3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters patent of High Court Division.

99. No decree shall be reserved or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court.

100-103. [Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).]

104.(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders: ¹[* * *] ²[(ff) an order under section 35A;](g) an order under section 95;(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree;(i) any order made under rules from which an appeal is expressly allowed by rules: Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made. (2) No appeal shall lie from any order passed in appeal under this section.

105.(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction; but, where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal. (2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of remand made after the commencement of this Code from which an appeal lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness.

106. Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court not being the High Court Division in the exercise of appellate jurisdiction, then to the High Court Division.

107. (1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power- (a) to determine a case finally; (b) to remand a case; (c) to frame issues and refer them for trial; (d) to take additional evidence or to require such evidence to be taken. (2) Subject as aforesaid, the appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.

108. The provisions of this Part relating to appeals from original decrees shall, so far as may be, apply to appeals-(a) from appellate decrees, and(b) from orders made under this Code or under any special ³[* * *] law in which a different procedure is not provided.

109. Subject to such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of Bangladesh, and to the provisions hereinafter contained, an appeal shall lie to the ⁴[Appellate Division] (a) from any Judgment, decree or final order passed on appeal by the High Court Division or by any other Court of final appellate jurisdiction;(b) from any Judgment, decree or final order passed by the High Court Division in the exercise of original civil jurisdiction; and(c) from any Judgment, decree or final order, when the case, as hereinafter provided, is certified to be a fit one for appeal to the ⁵[Appellate Division].

110. In each of the cases mentioned in clauses (a) and (b) of section 109, the amount or value of the subject-matter of the suit in the Court of first instance must be twenty thousand Taka or upwards, and the amount or value of the subject-matter of the suit in the Court of first instance must be twenty thousand Taka or upwards, and the amount or value of the subject-matter in dispute on appeal to the ⁶[Appellate Division] must be the same sum or upwards, or the Judgment, decree or final order must involve, directly or indirectly, some claim or question to or respecting property of like amount or value, and where the Judgment, decree or final order appealed from affirms the decision of the Court immediately below the Court passing such Judgment, decree or final order, the appeal must involve some substantial question of law.

111. Notwithstanding anything contained in section 109, no appeal shall lie to the ⁷[Appellate Division]-(a) from the decree or order of one Judge of the High Court Division, or of one Judge of a Division Court, or of two or more Judges of High Court Division, or of a Division Court constituted by two or more Judges of High Court Division, where such Judges are equally divided in opinion and do not amount in number to a majority of the whole of the Judges of the High Court Division at the time being; or ⁸[* * *]

111A. [Omitted by section 2 of the Federal Court Act, 1941 (Act No. XXI of 1941).]

112.(1) Nothing contained in this Code shall be deemed- (a) to affect the powers of the ⁹[Appellate Division under article 103 of the Constitution of the People's Republic of Bangladesh] or any other provision of that Constitution; or (b) to interfere with any rules made by the Supreme Court, and for the time being in force, for the presentation of appeals ¹⁰[to the Appellate Division], or their conduct ¹¹[before that Division]. (2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty jurisdiction, or to appeals from orders and decrees of Prize Courts.