Section 104 CPC deals with appeals from orders. In simple words, it tells you which orders can be challenged immediately in appeal, and from no other orders unless the Code or another law specifically allows it.
Core idea
A decree is generally appealed under other provisions, but Section 104 is about appealable orders. It creates a limited right of appeal so that parties do not file appeals against every small interim order and delay the suit.
The section must be read with Order 43 Rule 1, because Section 104 gives the basic right, while Order 43 Rule 1 gives the detailed list of many appealable orders.
What the section says
Section 104 says that an appeal shall lie from certain specified orders, and from no other orders, unless the Code itself or some other law expressly permits such appeal.
The orders specifically mentioned in the currently available text include:
An order under Section 35A.
An order under Section 91 or Section 92 refusing leave to institute a suit of that nature.
An order under Section 95- Compensation for obtaining arrest, attachment or injunction on insufficient grounds
An order imposing a fine or directing arrest or detention in civil prison, except when such arrest or detention is in execution of a decree.
Any order under the rules from which an appeal is expressly allowed by the rules, mainly Order 43 Rule 1.
Easy memory line
You can remember Section 104 like this: “Only selected orders are appealable, not all orders.”
One more short memory formula is: “Specified orders, rule-based orders, and no further appeal.” This captures the heart of the provision.
Bar on second appeal
Sub-section 2 is very important for interview purposes. It says no appeal shall lie from any order passed in appeal under Section 104, so there is no second appeal from such appellate order.
So if one appeal from an order is already provided and decided, the matter usually ends there so far as Section 104 is concerned.
Interview-ready explanation
If asked in interview, you may say:
Section 104 CPC provides for appeals from certain orders. It does not allow appeal from every order. Appeal lies only from the orders specified in Section 104 itself, or from orders expressly made appealable by the rules such as Order 43 Rule 1, or where some other law permits. Further, under sub-section 2, no further appeal lies from an order passed in appeal under this section.
Difference from decree appeal
A useful distinction is this:
Section 96 concerns appeal from decree.
Section 100 concerns second appeal from appellate decree.
Section 104 concerns appeal from certain orders only.
This distinction is often asked to test whether you can separate decree, order, and second appeal.
Practical understanding
Suppose the court passes an order that falls within Section 104 or an order specifically listed as appealable under Order 43 Rule 1, then an immediate appeal can be filed. If the order is not so listed, ordinarily no appeal lies at that stage. That is why Section 104 is treated as a restrictive provision. It permits appeal only in limited situations and prevents piecemeal litigation.
Best way to memorize
Memorize it in three parts:
Part one: appeal lies from specified orders only.
Part two: also from orders expressly made appealable by rules, especially Order 43 Rule 1.
Part three: no further appeal from an appellate order under this section.
One-line answer
Section 104 CPC is the provision for appeal from orders, but only from those orders which are expressly made appealable, and once such appeal is decided, no further appeal lies under sub-section 2.
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