APPEALS FROM ORDERSCentral

Section 105 of The Code of Civil Procedure, 1908

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 1 *** from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness.

Summary

This section states the general rule that court "orders" cannot be appealed unless the law specifically says so.
However, if you are appealing the final "decree" (the end of the case), you can use any mistake in an earlier order as a ground for your appeal.
The mistake in the order must have "affected the decision of the case" for it to be a valid ground.
There is a strict exception for "remand orders" (sending a case back to a lower court).
If a remand order is appealable and you choose not to appeal it right away, you are barred from complaining about it later.

Practical examples

1During a trial, the court makes an order about which documents are allowed as evidence. This order isn't on the "appealable" list. Rahul must wait until the whole case is over and then include this mistake in his appeal against the final decree.

2The first appeal court orders a "remand," sending the case back to the trial court. This remand order is appealable. If Anil does not appeal it now, he cannot argue that the remand was wrong when he appeals the trial court's new decision a year later.

FAQ

1. Can I challenge an interim order in my final appeal under CPC 105?

Yes, Section 105(1) of the Code of Civil Procedure, 1908, allows you to set forth any error in an order as a ground of objection in the memorandum of appeal against the decree.

2. Does every mistake in an order qualify for an appeal ground under Section 105?

No, the error, defect, or irregularity in the order must be one "affecting the decision of the case" according to Section 105(1) of the 1908 Act.

3. What is the special rule for remand orders in Section 105 of the CPC?

Under Section 105(2), if a party is aggrieved by an appealable remand order but does not appeal it, they are "precluded from disputing its correctness" later.

Test yourself

1.Under Section 105(1) of The Code of Civil Procedure, 1908, non-appealable orders can be challenged:

2.According to Section 105(2) of the 1908 Code, if you don't appeal an "order of remand" when it is allowed:

3.To use an order's error as a ground for a decree appeal under Section 105(1) of the 1908 Act, the error must:

4.Section 105 of the 1908 Code generally promotes "finality" by:

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