PART VII APPEALS · APPEALS FROM ORDERS

Section 105: Other orders

The Code of Civil Procedure, 1908

(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.

Footnotes in the official text

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

Questions on this section

2 questions in 15 of our papers cite Section 105. Try these from the free papers:

1. During the trial of a suit, the court rejected D's application to recall a witness for further cross-examination. That order is not appealable. The suit was later decreed against D. In D's first appeal against the decree:
2. Under Section 105(2) CPC, a party aggrieved by an appealable order of remand who does not appeal from it:

Practise questions on Civil Procedure Code