APPEALS FROM ORIGINAL DECREESCentral

Section 99A of The Code of Civil Procedure, 1908

No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.

1[99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.--Without prejudice to the generality of the provisions of section 99, no order under section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision of the case.]

Summary

This section protects orders made during the execution stage, which is the process of carrying out a court's final decision.
Specifically, it applies to orders made under Section 47, which deals with questions about how a decree is satisfied.
No such execution order can be reversed or changed due to a mistake unless the mistake "prejudicially affected" the case.
Prejudicially affected means the error actually caused an unfair or wrong result in the decision.
This rule follows the same general logic as Section 99 but focuses on the execution phase.

Practical examples

1A judge orders a debtor's car to be taken to pay a debt. The court paperwork has a tiny typo in the license plate number, but it is clearly the right car. The debtor tries to stop the sale because of the typo. Under Section 99A, the court says no, because the typo didn't unfairly change the decision that the car should be taken.

2In a case about paying back a loan, the court calculates the interest slightly wrong, but the final amount the person has to pay is still fair based on the evidence. The debtor tries to overturn the whole execution process. The court uses Section 99A to keep the order because the small error didn't prejudicially affect the final result.

FAQ

1. Can an execution order under Section 47 be reversed for a simple clerical error under Section 99A of the Code of Civil Procedure, 1908?

No, Section 99A of the Code of Civil Procedure, 1908, prevents reversal unless the error has "prejudicially affected" the decision of the case.

2. What does "prejudicially affected" mean in Section 99A of the Civil Procedure Code?

In Section 99A of the Civil Procedure Code, it means an error that is serious enough to cause an unfair or incorrect outcome for a party.

3. How does Section 99A relate to Section 99 in the Civil Procedure Code?

Section 99A of the Civil Procedure Code works alongside Section 99, applying similar "no-harm, no-reversal" rules specifically to orders about execution under section 47.

Test yourself

1.Section 99A of The Code of Civil Procedure, 1908, applies to orders made under which other section?

2.Under Section 99A of The Code of Civil Procedure, 1908, an order cannot be reversed unless the error has:

3.Comparing Section 99 and Section 99A of The Code of Civil Procedure, 1908, which is true?

4.If an error in an execution proceeding is minor and does not hurt anyone's rights, Section 99A of The Code of Civil Procedure, 1908, says:

99PreviousSection 99 No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.100NextSection 100 Second appeal.

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