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Code of Civil Procedure, 1908 · Part VII: Appeals

Section 104 CPC: Orders from which appeal lies

Bare Act text

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 35A;]

[(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.

Amendment notes

  1. Clauses (a) to (f) omitted by Act 10 of 1940, s. 49 and the Sch. III.
  2. Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra.
  3. Ins. by Act 104 of 1976, s. 41 (w.e.f. 1-2-1977).
  4. Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

An appeal lies from the orders listed in this section and, unless the Code or another law expressly provides otherwise, from no other orders. The listed orders include an order under section 35A, an order under section 91 or 92 refusing leave to sue, an order under section 95, and an order imposing a fine or directing arrest or detention in civil prison other than in execution of a decree. It also covers any order under rules from which appeal is expressly allowed.

Part VII: Appeals

  1. 96 Appeal from original decree
  2. 97 Appeal from final decree where no appeal from preliminary decree
  3. 98 Decision where appeal heard by two or more Judges
  4. 99 No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
  5. 99A No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
  6. 100 Second appeal
  7. 100A No further appeal in certain cases
  8. 101 Second appeal on no other grounds
  9. 102 No second appeal in certain cases
  10. 103 Power of High Court to determine issue of fact
  11. 104 Orders from which appeal lies
  12. 105 Other orders
  13. 106 What Courts to hear appeals
  14. 107 Powers of Appellate Court
  15. 108 Procedure in appeals from appellate decrees and orders
  16. 109 When appeals lie to the Supreme Court
  17. 110 Value of subject matters (Repealed)
  18. 111 Bar of certain appeals (Repealed)
  19. 111A Appeals to Federal Court (Repealed)
  20. 112 Savings
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