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PART VII APPEALS · APPEALS FROM ORDERS

Section 104: Orders from which appeal lies

The Code of Civil Procedure, 1908

(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:

4[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.

Footnotes in the official text

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

Questions on this section

3 questions in 18 of our papers cite Section 104. Try these from the free papers:

  1. 1. Section 104 of the CPC deals with:

  2. 2. Under Section 104(1)(h) CPC, an appeal lies from an order under any provision of the Code imposing a fine or directing the arrest or detention of any person in the civil prison, except where such arrest or detention is:

  3. 3. Consider the following statements regarding Section 104 of the Code of Civil Procedure, 1908: 1. An appeal lies from an order under Section 91 or Section 92 refusing leave to institute a suit of the nature referred to in those sections. 2. An appeal against an order under Section 35A awarding compensatory costs lies only on the ground that no order, or an order for a smaller amount, ought to have been made. 3. A further appeal lies from an order passed in an appeal under Section 104. Which of the statements given above is/are correct?

Practise questions on Civil Procedure Code