CPC Section 105 — Other orders

Civil

Summary

A party cannot file a separate appeal against most orders made by a court, whether in its original or appellate jurisdiction. However, if a decree is appealed, any mistake or irregularity in an order that affected the final decision can be raised as a ground of objection in that appeal. If a party is unhappy with a remand order that can be appealed, but chooses not to appeal it, they cannot later challenge the correctness of that order.

Official Text

(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 from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness.