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Section 154: Saving of present right of appeal (Repealed)

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Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 153 All 158 Sections of Code of Civil Procedure Section 155

Legal Commentary & Landmark Judgments: Section 154

Section 154 historically provided saving of present right of appeal upon the commencement of the 1908 Code (repealed by the Repealing and Amending Act, 1952).

  • Historical Savings Provision: Saved rights of appeal accrued prior to 1 January 1909.
  • Repeal Status: Repealed by Act 48 of 1952.
Key Landmark Precedents:
  • Garikapati Veeraya v. N. Subbiah Choudhry, AIR 1957 SC 540: The Constitution Bench settled the classic doctrine of vested right of appeal, referencing Section 154 historical savings.
  • Ganga Bai v. Vijay Kumar, (1974) 2 SCC 393: Affirmed that right of appeal is a substantive right vesting on the date the suit is instituted.
Courtroom Practice & Strategic Litigation Guidance:

Historical repealed provision; the doctrine of vested right of appeal is governed by the landmark Constitution Bench ruling in *Garikapati Veeraya*.

Section 153 All 158 Sections of Code of Civil Procedure Section 155