Section 99: No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder [or non-joinder] 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 :

[Provided that nothing in this section shall apply to non-joinder of a necessary party.]

Where this provision sits

Act	The Code of Civil Procedure, 1908
Section	99
Marginal note	No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	8

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

inserted, Act 104 of 1976. . Ins. by Act 104 of 1976, s. 35 (w.e.f. 1-2-1977).
added. . Proviso Added by s. 35 ibid. (w.e.f. 1-2-1977).

Judgments that turned on this provision

AS(MD)/231/2019 of J.DEBORAL SHARMI PREETHI Vs R.JOHN BRITTOMadras High Court · 2025-10-28
AO/40/2017 of SURESH S/O WASUDEO KANKATTIWAR Vs SHRI SUDHAKAR S/O RAGHUNATH POTDUKHE AND OTHERSBombay High Court · 2020-02-13
AO/10/2012 of KISHANRAO LAXMANRAO SARAF Vs ACHUT LAXMANRAO SARAF AND ORSBombay High Court · 2012-03-16
AO/27/2011 of SHRI PUNDALIK RAGHOBA MAHALE,PERNEM AND ORS., Vs SHRI HARISCHANDRA KRISHNA MAHALE(DEC) BY L.RS.and ORBombay High Court · 2011-06-08
AO/125/2010 of MADHAVRAO PANDHARINATH JADHAV AND ORS Vs BHAGWAN YADAVRAO JADHAV AND ORSBombay High Court · 2010-11-24
AO/152/2009 of KISHAN HARIBA KAMBLE and ORS Vs BASLING BHIMRAO BIRAJDARBombay High Court · 2010-01-12
CRA/817/1999 of LACHHWANI & CO. Vs JAI CHEM INDUSTRIESHigh Court of Gujarat · 2000-01-28

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