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The Code of Civil Procedure, 1908: page 70

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 70, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

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         1
         [(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.
    105. 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
                                                                           e
remand 3*** from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from
disputing its correctness.                                          od
    106. What Courts to hear appeals.—Where an appeal from any order is allowed it shall lie to the Court
                                                              aC
to which an appeal would lie from the decree in the suit in which such order was made, or where such order is
made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.
                                                         di
                                                   In
                                        General provisions relating to appeals

    107. Powers of Appellate Court.—(1) Subject to such conditions and limitations as may be
prescribed, an Appellate Court shall have power—

         (a) to determine a case finally;

         (b) to remand a case;

         (c) to frame issues and refer them for trial;

         (d) to take additional evidence or to require such evidence to be taken.
    (2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly
as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in
respect of suits instituted therein.
    108. Procedure in appeals from appellate decrees and orders.—The provisions of this Part
relating to appeals from original decrees shall, so far as may be, apply to appeals—
         (a) from appellate decrees, and
        (b) from orders made under this Code or under any special or local law in which a different
    procedure is not provided.
                                            Appeals to the Supreme Court
    4
     [109. When appeals lie to the Supreme Court.—Subject to the provisions in Chapter IV of Part V of
the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals

1. Ins. by Act 104 of 1976, s. 41 (w.e.f. 1-2-1977).
2. Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra.
3. The Words “made after the commencement of this Code” omitted by Act 104 of 1976, s. 42 (w.e.f. 1-2-1977).
4. Subs. by Act 49 of 1973, s. 2, for section 109 (w.e.f. 29-11-1973).


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