Mera Samvidhaan All of Code of Civil Procedure, 1908

Part Vii · Appeals

104Orders from which appeal lies.

Section 104

Appeals from orders

(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:—

4* * * * *

5[(ff) an order under section 35A;]

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.

Page 69

4 Clauses (a) to (f) omitted by Act 10 of 1940, s. 49 and the Sch. III.

5 Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra.

Page 70

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.

Other provisions that mention Section 104

Section 104 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.