Code of Civil Procedure, 1908 | Appeals from orders

Section 104 CPC - Orders from Which Appeal Lies

Section 104 of the Code of Civil Procedure, 1908 (CPC) identifies the kinds of civil court orders against which an appeal is permitted. It operates with Order XLIII Rule 1 and other express statutory provisions. An appeal does not automatically lie against every interlocutory order.

Key rule: An appeal against an order requires an express statutory right. Section 104(2) ordinarily bars a further appeal against an appellate order passed under Section 104.

Section 104 CPC - statutory provisions

Sub-section (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:

Clauses (a) to (f): Omitted.

(ff) An order under Section 35A;

(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 provision of the Code imposing a fine or directing arrest or detention in civil prison, except where the arrest or detention is in execution of a decree;

(i) An order made under rules from which an appeal is expressly allowed by rules.

Proviso to clause (ff): An appeal against an order under Section 35A is limited to the ground that no order, or an order for payment of a lesser amount, ought to have been made.

Sub-section (2): No appeal shall lie from any order passed in appeal under this section.

The statutory clauses above are presented in a reader-friendly format. For authoritative wording, amendments and applicable local variations, consult the official legislation.

Meaning and scope of Section 104

The provision establishes a restricted right of appeal against specified orders, as distinct from appeals against decrees under Section 96. An order is the formal expression of a decision of a civil court that is not a decree, as defined in Section 2(14) CPC. Whether a particular decision is appealable depends on its legal character and the relevant enactment, not merely its label.

Explanation of appealable orders

Section 104(1)(ff) - Compensatory costs

Section 35A deals with compensatory costs in respect of false or vexatious claims or defences, subject to its statutory conditions. An appeal under clause (ff) is confined to whether the order should not have been made or should have awarded a lower amount; it is not an unrestricted appeal for enhancement.

Section 104(1)(ffa) - Refusal of leave under Sections 91 and 92

Section 91 concerns suits involving public nuisance or other wrongful acts affecting the public. Section 92 concerns certain suits relating to public charitable or religious trusts. Where the court refuses leave to institute a suit of the relevant kind, clause (ffa) provides an appeal.

Section 104(1)(g) - Compensation under Section 95

Section 95 provides for compensation in specified circumstances involving arrest, attachment or temporary injunction obtained on insufficient grounds, or where the plaintiff's suit fails and there was no reasonable or probable ground for instituting it. An order under this section is appealable under clause (g).

Section 104(1)(h) - Fines and civil detention

Orders imposing fines or directing arrest or detention in civil prison under the Code can fall within this clause. The express exception concerns arrest or detention in execution of a decree.

Section 104(1)(i) - Orders made appealable by rules

Order XLIII Rule 1 specifies several appealable orders, including, subject to the applicable conditions, certain orders returning a plaint, rejecting applications to restore dismissed suits or set aside ex parte decrees, granting or refusing specified temporary injunction relief, and remand orders. The exact rule and any exception must be checked before filing.

Section 104 and Order XLIII Rule 1

Section 104 sets out the legislative framework for appeals from orders. Order XLIII Rule 1 identifies additional specific orders appealable under that framework. For example, Order XLIII Rule 1(r) concerns certain orders under Order XXXIX Rules 1, 2, 2A, 4 and 10. Not every procedural direction or refusal is covered.

How to challenge a civil court order

  • Identify whether the decision is an order or a decree and determine the exact provision permitting an appeal.
  • Check the competent appellate court under Section 106 CPC, applicable court rules and any special legislation.
  • Examine limitation under the Limitation Act, 1963 and the rules governing certified copies and filing.
  • Prepare the memorandum of appeal, the impugned order and supporting documents, and seek interim relief if required.
  • If no immediate appeal lies, consider whether Section 105 CPC permits the objection to be raised in an appeal from the eventual decree, or whether another legally available remedy applies.

Section 105 CPC: Generally excludes separate appeals from other orders, but permits certain errors affecting the decision to be raised in an appeal from the decree. Failure to appeal an appealable remand order can have consequences under Section 105(2).

Section 106 CPC: Determines which court hears an appeal from an order, subject to applicable law.

Section 104(2) CPC: Bars an appeal from an order already passed in appeal under Section 104. The interaction with special enactments and other remedies requires separate examination.

Frequently asked questions

Can every interim order be appealed?

No. A separate appeal requires an express provision in the CPC or another applicable law.

Is an order granting or refusing a temporary injunction appealable?

Certain orders under Order XXXIX are appealable under Order XLIII Rule 1(r), depending on the rule invoked and the nature of the decision.

Can an appellate order under Section 104 be appealed again?

Section 104(2) bars a further appeal from an order passed in appeal under that section. Other extraordinary or special-law remedies must be assessed on their own terms.

Official legislation and further reading

Read the Code of Civil Procedure, 1908 - India Code (official PDF), particularly Sections 2(14), 35A, 91, 92, 95, 104, 105, 106 and Order XLIII Rule 1. Also consult the India Code official portal for amendments and legislation applicable to the dispute.

Legal information updated 11 October 2026. State amendments, High Court rules and special statutory regimes may affect the result. This article is general information, not case-specific legal advice.