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IDA, 1869
Start Practicing
IDAChapter XIISection 55
Section55

Enforcement of, and appeal from, orders and decrees

AI Assist

Summary

Decrees and orders under this Act are enforced and appealed in the same way as ordinary civil decrees, following the same laws and rules. But there is no appeal from a District Judge's decree that dissolves a marriage or declares it null, nor from a High Court order confirming or refusing to confirm such a decree. Disputes solely about costs are also not appealable.

Example

Priya gets a District Judge to dissolve her marriage. The decree can be enforced like any civil decree, but neither party can appeal that District Judge's decree, nor can they appeal if the High Court confirms or refuses to confirm it. If the only issue is costs, that alone cannot be appealed.

Bare Act

Enacted text

All decrees and orders made by the Court in any suit or proceeding under this Act shall be enforced and may be appealed from, in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction are enforced and may be appealed from, under the laws, rules and orders for the time bring in force: Provided that there shall be no appeal from a decree of a District Judge for dissolution of marriage or of nullity of marriage; nor from the order of the High Court confirming or refusing to confirm such decree:
No appeal as to costs.- Provided also that there shall be no appeal on the subject of costs only.

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XII

Chapter XII

Procedure

In this chapter

  • 45Code of Civil Procedure to apply
  • 46Forms of Petitions and statements
  • 47Petition to state absence of collusion
  • 48Suits on behalf of lunatics
  • 49Suits by minors
  • 50Service of Petition
  • 51Mode of taking evidence
  • 52Competence of husband and wife to give evidence as to cruelly or desertion
  • 53Power to close doors
  • 54Power to adjourn
  • 55Enforcement of, and appeal from, orders and decrees
  • 56Appeal to the Supreme Court
Previous · Section 54Power to adjournNext · Section 56Appeal to the Supreme Court