S 105 of CPC explained- Appeal against orders

 Section 105 CPC means that normally no separate appeal lies from every order, but if a final decree is appealed, then any error, defect, or irregularity in an order which affected the decision of the case can be challenged in that appeal.

In simple words, Section 105 prevents parties from filing appeals against every intermediate order and delaying the suit, yet it still allows them to attack such erroneous orders later when they appeal against the decree.

Text and meaning

Sub-section 1 says that, unless the Code expressly provides otherwise, no appeal lies from an order made by a court in the exercise of original or appellate jurisdiction. But when a decree is appealed, any error, defect, or irregularity in such order affecting the decision of the case may be taken as a ground in the memorandum of appeal.So, if an interlocutory order is not independently appealable, the party is not left remediless. The party can challenge that order later in the appeal against the decree, provided that the order has affected the decision of the case.

Basic object

The object of Section 105 is to avoid repeated challenges to interlocutory orders and to curb delay in civil proceedings. At the same time, it preserves the right of the aggrieved party to question such orders in the appeal from the final decree.

This is why Section 105 is often read as a balance between speed of trial and fairness to the aggrieved party.

Sub-section 2

Sub-section 2 creates an important exception for orders of remand. It says that if an appeal lies from an order of remand and the aggrieved party does not file that appeal, then later that party cannot dispute the correctness of that remand order. So, a remand order stands on a different footing. If it is appealable and you do not challenge it then, you are later barred from questioning it.

Easy way to remember

You can memorize Section 105 like this: “No appeal from every order, but objection can be taken in appeal from decree; remand order is an exception.”

Another memory line is: “Challenge later with decree, except remand now.”

Example

Suppose the trial court wrongly rejects a document or wrongly allows an amendment, and no separate appeal lies from that order. If ultimately a decree is passed, the aggrieved party can challenge that earlier order in the appeal against the decree by showing that it affected the decision of the case. But if the court passes an appealable remand order and the party does not appeal it at that stage, then the correctness of that remand order cannot later be questioned.

Interview-ready answer

Section 105 CPC provides that, save as otherwise expressly provided, no appeal lies from every order of a civil court. However, when a decree is appealed, any error, defect, or irregularity in an interlocutory order affecting the decision of the case can be raised as a ground in that appeal. Sub-section 2 makes an exception in respect of appealable remand orders, because if such remand order is not appealed at that stage, its correctness cannot later be challenged.

One-line answer

Section 105 CPC says that non-appealable orders are ordinarily not separately appealable, but their illegality can be challenged in appeal against the decree, except in the case of an appealable remand order which must be challenged immediately.

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