Sunday 24 March 2024

What are appealable orders as per provision of Civil procedure code?

 Appeals from Orders

104. Orders from which appeal lies.—(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:—

[(ff) an order under Section 35-A;]

[(ffa)  an order under Section 91 or Section 92 refusing leave to institute a suit of the nature referred to in Section 91 or Section 92, as the case may be;]

(g) an order under Section 95;

(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree;

(i) any order made under rules from which an appeal is expressly allowed by rules:

[Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.]

(2) No appeal shall lie from any order passed in appeal under this section.

105. Other orders.—(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction; but, where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal.

(2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of remand  from which an appeal lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness.

106. What Courts to hear appeals.—Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.


Appeals from Orders

1. Appeals from orders.—An appeal shall lie from the following orders under the provisions of Section 104, namely:—

(a) an Order under Rule 10 of Order VII returning a plaint to be presented to the proper Court [except where the procedure specified in Rule 10-A of Order VII has been followed];

(b801[* * *]

(c) an Order under Rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit;

(d) an Order under Rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte;

(e802[* * *]

(f) an Order under Rule 21 of Order XI;

(g803[* * *]

(h804[* * *]

(i) an Order under Rule 34 of Order XXI on an objection to the draft of a document or of an endorsement;

(j) an Order under Rule 72 or Rule 92 of Order XXI setting aside or refusing to set aside a sale;

805[(ja) an order rejecting an application made under sub-rule (1) of Rule 106 of Order XXI, provided that an order on the original application, that is to say, the application referred to in sub-rule (1) of Rule 105 of that Order is appealable;]

(k) an Order under Rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;

(l) an Order under Rule 10 of Order XXII giving or refusing to give leave;

(m806[* * *]

(n) an Order under Rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit;

807[(na)  an Order under Rule 5 or Rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent person;]

(o808[* * *]

(p) orders in interpleader-suit under Rule 3, Rule 4 or Rule 6 of Order XXXV;

(q) an Order under Rule 2, Rule 3 or Rule 6 of Order XXXVIII;

(r) an Order under Rule 1, Rule 2, 809[Rule 2-A], Rule 4 or Rule 10 of Order XXXIX;

(s) an Order under Rule 1 or Rule 4 of Order XL;

(t) an order of refusal under Rule 19 of Order XLI to readmit, or under Rule 21 of Order XLI to rehear, an appeal;

(u) an Order under Rule 23 810[or Rule 23-A] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court;

(v811[* * *]

(w) an Order under Rule 4 of Order XLVII granting an application for review.

BombayDadra and Nagar HaveliGoa, Daman and Diu.—(1) Substitute the following for existing clause (r):

“(r) an order under R. 1, R. 2, R. 4, R. 10 and R. 11 of Or. 39.” (1-10-1983) and (1-4-1987).

812[1-A. Right to challenge non-appealable orders in appeal against decrees.—(1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced.

(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.]

2. Procedure.—The rules of Order XLI shall apply, so far as may be, to appeals from orders.

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