Notes on appeal from orders

 

1) Important provisions of S 104 of CPC- appeals from orders

https://www.lawweb.in/2026/04/important-provisions-of-s-104-of-cpc.html

2) Important provisions of Order 43 Rule 1 CPC - Appeal from orders

https://www.lawweb.in/2026/04/important-provisions-of-order-43-rule-1.html

3) S 105 of CPC explained- Appeal against orders

https://www.lawweb.in/2026/04/s-105-of-cpc-explained.html

4) Whether the order of appointment of court commissioner can be challenged in appeal from decree?

https://www.lawweb.in/2026/04/whether-order-of-appointment-of-court.html

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Important provisions of Order 43 Rule 1 CPC - Appeal from orders

 Order 43 Rule 1 CPC is the practical list of appealable orders. In easy words, it tells you which interlocutory or procedural orders can be challenged immediately by filing an appeal under Section 104 CPC.

Core idea

Not every order passed by a civil court is appealable. Order 43 Rule 1 picks out only certain important orders and says that an appeal will lie from them.

So, for interview purposes, remember this line: Section 104 gives the right, and Order 43 Rule 1 gives the list.

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Important provisions of S 104 of CPC- appeals from orders

 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.

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Whether order of return of plaint is decree?

By order dated 3rd March, 2014, the learned Judge of the City Civil Court decided preliminary issue of jurisdiction against the plaintiffs i.e. present appellants and ordered that the plaint be returned to the plaintiffs for presentation before appropriate Court. Against the said order, present Appeal from Order is filed.

2. The learned counsel for the respondent objected the maintainability of Appeal against the said order and contended that though by the said order plaint is returned, it not to be construed as order passed under Order VII Rule 10 of the Code of Civil Procedure (for short called as, "Code"), but it is in fact an order of rejection of the plaint under Order VII Rule 11 of the Code or alternatively under Order XIV Rule 2 of the Code and hence the First Appeal lies against this order and not an Appeal from Order.

3. The order of return of plaint under Order VII Rule 10 of the Code, if passed then not a First Appeal under Order XLI, but an Appeal against Order under Order XLIII is to be filed. Return of plaint is not a decree though reasons in brief are required to be recorded in the said order.

IN THE HIGH COURT OF BOMBAY

Appeal From Order No. 415 of 2014 and Civil Application No. 469 of 2014

Decided On: 30.01.2015

 Chandra Prem Shah Vs. K. Raheja Universal Pvt. Ltd. and Ors.

Hon'ble Judges/Coram:

Mridula Bhatkar, J.

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