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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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.

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What are Order 43, Rule 1(r) of CPC 1908 provisions?

Order 43, Rule 1(r) of CPC 1908 allows an appeal from orders passed under Rules 1, 2, 2A, 4, or 10 of Order 39 of CPC. These orders specifically concern temporary injunctions, restraining breach of contract, and setting aside or modifying such injunctions. It acts as a crucial provision for immediate legal recourse against interim injunction orders. 

Key aspects of Order 43, Rule 1(r) include:

• Appeals from Injunctions: An appeal can be filed against orders granting, refusing, modifying, or discharging temporary injunctions.

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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.

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