Bailabel Type : bailable

Description

Section 104 of the Code of Civil Procedure (CPC) outlines the types of orders from which an appeal can be filed. This provision clarifies the orders that a party can challenge before a higher court, thus setting the scope of appellate review for civil cases. The section is part of the broader framework that regulates how appeals should be managed in the civil justice system, ensuring that the right to appeal is clearly defined and that only certain orders can be appealed.

Key Provisions of Section 104:

1. Appeals from Specific Orders:

   • Section 104 defines the orders from which an appeal lies to the higher court (such as the High Court or District Court).
   • Appeals can only be filed against orders passed in certain proceedings, which include orders that affect the rights of the parties or result in substantial harm.

2. Nature of Orders from Which Appeal Lies:

   • The section lists the types of orders from which an appeal is permitted:
     • Orders rejecting or accepting a plea of limitation: This pertains to situations where the time limit for filing a suit is challenged and either accepted or rejected.
     • Orders concerning the execution of decrees: These include decisions about the enforcement of a judgment or decree, where the terms of the execution are contested.
     • Orders relating to the appointment of a receiver: When a receiver is appointed in a case, and the decision is contested.
     • Orders for the attachment of property: If an order is made regarding the attachment of property, an appeal can be filed.
     • Orders that affect the jurisdiction of the court: If an order affects the jurisdiction of the court to try a case, it can be appealed.
     • Orders under the law of arbitration: Orders passed during arbitration proceedings can also be appealed.

3. Discretionary Orders:

   • In addition to the above, Section 104 allows appeals from orders that are deemed discretionary but have a significant impact on the rights of the parties involved. This could include orders of injunctions, interlocutory orders, and other orders made during the course of the case that may not directly dispose of the matter but have lasting consequences for the parties involved.

4. Orders Not Appealable:

   • The section does not permit appeals against certain routine orders that do not substantially affect the rights of the parties or that do not involve significant legal questions. For instance:
     • Orders granting adjournments or procedural orders that do not affect the substance of the case.
     • Orders on minor procedural matters or those that do not create a legal precedent.

5. Condition Precedent to Filing Appeal:

   • For an appeal to be filed, a certificate or permission might be required, depending on the nature of the order. In some instances, the party seeking the appeal must apply to the court for permission before the appeal can be heard, particularly for certain discretionary orders or orders not typically subject to appeal.

6. Relationship with Section 96:

   • Section 104 is closely linked with Section 96 of the CPC, which governs the appeal from original decrees. Section 104 specifies additional orders from which an appeal may be taken, complementing the general appeal rules laid down in Section 96.

7. Purpose of the Provision:

   • The purpose of Section 104 is to restrict appeals to only those orders that have a real bearing on the outcome of the case or affect the rights of the parties in a significant manner. This is to prevent frivolous appeals and keep the legal system efficient.
   • By clearly outlining which orders are appealable, the provision ensures that only substantial matters are brought before higher courts, preventing overburdening the appellate system with trivial matters.

Punishment

Section 104 does not specify punishments or penalties for violating its provisions. However, the following consequences and considerations apply:

1. Dismissal of Appeal:

   • If a party files an appeal against an order that is not specified in Section 104 or is otherwise non-appealable, the appeal will likely be dismissed.

2. Imposition of Costs:

   • In some cases, if a party files an appeal against an order that is not appealable, the court may impose costs on the party who filed the appeal. This ensures that the appellate process is used appropriately and not frivolously.

3. Finality of Non-Appealable Orders:

   • For orders that are not appealable under Section 104, the judgment or decision remains final and cannot be challenged on appeal, except under specific circumstances like judicial review, if applicable.

4. Efficiency in Judicial Process:

   • By restricting appeals to significant orders, Section 104 helps maintain efficiency in the judicial system, preventing unnecessary delays and ensuring that appellate resources are used for matters of true legal importance.