Section 104 of The Code of Civil Procedure, 1908
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:--- 1** * * * 2[(ff) an order under section 35A;] 3[(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: 2[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.
Summary
- This section lists the specific "orders" (court decisions that aren't final decrees) that can be appealed.
- It states that only the orders listed here, or orders where a specific rule allows it, can be appealed.
- Key appealable orders include fines, arrests (except for executing a decree), and refusing leave to sue for public matters.
- If you appeal an order and get a decision, you cannot file a further appeal against that appeal decision.
- It covers compensation orders for things like arrests or attachments made on insufficient grounds.
Practical examples
FAQ
1. Can I appeal any court order under CPC Section 104?
No, Section 104 of the 1908 Code only allows appeals for specific orders listed in the section or those "expressly provided" by the rules.
2. Is an order for arrest appealable under Section 104 of the 1908 Act?
Yes, an order directing arrest or detention in civil prison is appealable, unless that arrest is part of executing a final decree.
3. Can I file a second appeal against an order decided in an appeal under Section 104?
No, Section 104(2) of the Code of Civil Procedure, 1908, states that no appeal lies from any order passed in an appeal under this section.
Test yourself
1.Under Section 104 of The Code of Civil Procedure, 1908, an appeal lies against an order under Section 35A, which relates to:
2.Which of these is appealable under Section 104 of the 1908 Code?
3.What does Section 104(2) of the Code of Civil Procedure, 1908, say about "appeals from orders passed in appeal"?
4.Under Section 104 of the 1908 Act, an appeal lies from an order under Section 95, which involves: