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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part VII: Appeals

Section 105 CPC: Other orders

Bare Act text

105. Other orders.—(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction; but where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal.

(2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of remand * * * from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness.

Amendment notes

  1. The Words “made after the commencement of this Code” omitted by Act 104 of 1976, s. 42 (w.e.f. 1-2-1977).

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

Unless otherwise expressly provided, no appeal lies from an order made by a Court in original or appellate jurisdiction. Where a decree is appealed, any error, defect or irregularity in an order affecting the decision of the case may be set out as a ground of objection in the memorandum of appeal. A party aggrieved by an appealable order of remand who does not appeal from it is precluded from disputing its correctness later.

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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