Appeals from Orders (Section 104)

1. Scope of Section 104

• The Core Purpose: Section 104 of the CPC explicitly deals with orders from which an appeal lies (Appealable Orders).
• The Baseline Rule: Unlike decrees, which are generally always appealable, an order is only appealable if it is expressly listed under Section 104(1) or Order XLIII Rule 1. If an order is listed there, an appeal shall lie.

2. Specifically Appealable Orders Under Section 104(1)

The law mandates that an appeal shall lie against the following specific orders:

• Section 35-A Orders: Orders granting compensatory costs in respect of false or vexatious claims or defenses. Consequently, an order under Section 35-A is legally appealable.
• Section 95 Orders: Orders awarding compensation for obtaining an arrest, attachment, or injunction on insufficient grounds.
• Section 104(1)(h) Orders:An order under the provisions of the Code imposing a fine, or directing the arrest or civil detention of any person (except where the detention is in execution of a decree).

3. The Absolute Bar: No Second Appeal Against Orders [Section 104(2)]

• The Rule: Section 104(2) states that no appeal shall lie from any order passed in appeal under this section.
• Application: If you appeal an order to an appellate court, and that court passes a new order on your appeal, you cannot appeal that appellate order. A second appeal against an order is strictly prohibited.