Section 104 in The Code of Civil Procedure
Title: Orders from which appeal lies
(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:---
1** * * *
2[(ff) an order under section 35A;]
3[(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.
1. Clause (a) to (f) omitted by Act 10 of 1940, s. 49 and the Third Schedule.
2. Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra.
3. Ins. by Act 104 of 1976, s. 41 (w.e.f. 1-2-1977).
Title: 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 remand 1 *** from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness.
1. Words “made after the commencement of this Code” omitted by Act 104 of 1976, s. 42, (w.e.f. 1-2-1977).
Title: What Courts to hear appeals
Where an appeal from any order is allowed it shall lie to the Court 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.
Title: 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.
Title: 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.