Every order, which is not a decree, is not appealable. Only those orders which are specified in Section 104 and Order 43, rule 1, are appealable. They are as under:
Section 101: An appeal shall lie from the following orders and from no other orders:
(a) An order under Section 35-1, i.e., in a case where compensatory costs in a respect of false or vexatious claims or defense have been awarded;
Image Source: yourvalleynews.co
ADVERTISEMENTS:
(b) 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;
(c) An order under Section 95, i.e., in a case where compensation for obtaining arrest, attachment or injunction on insufficient ground has been awarded.
(d) An order under any of the provisions of the 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; and
ADVERTISEMENTS:
(e) An order made under rules from which an appeal is expressly allowed by rule.
O. 43, R. 1: An appeal shall lie from the following orders under the provisions of Section 104, namely,—
(a) An order under rule 10 of Order VII returning a plaint to be presented to the proper court, except where the procedure specified in rule 10-A of the Order (viz., where a date of appearance in the court where plaint is to be filed after its return has been fixed) has been followed—
(b) An order under rule 9, Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit;
ADVERTISEMENTS:
(c) An order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed exported.
(d) An order under rule 21 of Order XI, i.e., in case of noncompliance with an order for discovery;
(e) An order under rule 34 of Order XXI on an objection to the draft of the document of an endorsement;
(f) An order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;
(g) An order rejecting an application under sub-rule (1) of rule 106 of Order XXI, provided that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule 105 of that Order is appealable;
(h) An order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit:
(i) An order under rule 10 of Order XXII giving or refusing to give leave;
(j) An order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside the dismissal of suit;
(k) An order under rule 5 or rule 7 of Order XXXIII rejecting, an application for permission to sue as an indigent person;
(l) Orders in interpleaded suits under rule 3, rule 4 or rule 6 of Order XXXV;
(m) An order under rule 2, rule 3 or rule 9 of Order XXXVIII;
(o) An order under rule 1, rule 2, rule 2A, rule 4, or rule 10 of Order XXXIX;
(p) An order under rule 1, or rule 4 of Order XL; (t) an order of refusal under rule 19 of Order XL1 to re-admit, or under rule 21 of Order XLI to re-hear, an appeal;
(q) An order under rule 23 or rule 23-A of Order XLI remanding a case, where an appeal would lie from the decree of the appellate court………
(r) An order under rule 4 of Order XLVII granting an application for review.
