Section 154 – Code of Civil Procedure – [Repealed.].

Code

Section 154. [Saving of present right of appeal.]

Repealed by the Repealing and Amending Act, 1952 (48 of 1952), Section 2 and the First Schedule.

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Explanation of Section 154 CPC

Section 154 CPC is a repealed provision. Since its repeal in 1952, it has had no legal effect and no longer governs civil proceedings in India.

Before its repeal, the section aimed to protect certain existing rights of appeal. However, later legislative changes made the provision unnecessary. As a result, Parliament removed it through the Repealing and Amending Act, 1952.

Today, courts do not rely on Section 154 CPC while deciding civil cases. Instead, the law relating to appeals is governed by the existing provisions of the Civil Procedure Code and other applicable statutes.

Although Section 154 has been repealed, it may still appear in older legal books, historical judgments, or academic discussions. Therefore, law students and legal researchers should understand that the section exists only for historical reference and has no current legal force.

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Illustration

A law student reads an old commentary on the Civil Procedure Code and finds a discussion on Section 154 CPC relating to the right of appeal.

When the student checks the latest version of the Code, the student discovers that Parliament repealed Section 154 through the Repealing and Amending Act, 1952.

Therefore, the student understands that the provision is no longer applicable in modern civil litigation.

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Common Questions and Answers

What is Section 154 CPC?

Answer:
Section 154 CPC was a provision relating to the saving of the existing right of appeal. However, Parliament has repealed it.

Is Section 154 CPC still in force?

Answer:
No. The Repealing and Amending Act, 1952 repealed Section 154 CPC. It has no legal effect today.

Why was Section 154 CPC repealed?

Answer:
The legislature repealed the section because it had become unnecessary after changes in the law governing appeals.

Can courts rely on Section 154 CPC today?

Answer:
No. Since the section has been repealed, courts do not apply it in civil proceedings.

Why should law students study Section 154 CPC?

Answer:
Law students may encounter the provision in older legal texts or historical judgments. Understanding its repealed status helps avoid confusion while studying the Civil Procedure Code.

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Conclusion

Section 154 CPC is a repealed provision that no longer forms part of the Civil Procedure Code. Although it once dealt with the protection of existing rights of appeal, the legislature removed it through the Repealing and Amending Act, 1952. Today, the section serves only as a historical reference, while the current law on appeals is governed by the existing provisions of the Civil Procedure Code and other applicable statutes.