What do you mean by order under the Code of Civil Procedure, 1908? What are the orders under this Code, from which appeal lies ?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
What do you mean by order under the Code of Civil Procedure, 1908? What are the orders under this Code, from which appeal lies ?
Answer & Explanation:
According to section 2(14) of the Code of Civil Procedure, 1908 (Code) "order" means the formal expression of any decision of a Civil Court which is not a decree. According to Section 104 of the Code, no appeal lies against orders other than what is expressly provided in the Code or any other law for the time being in force. Under the Code appealable orders are: an order under Section 35A, i.e., for compensatory costs in respect of false or vexatious claims within pecuniary jurisdiction of the Court, but only for the limited ground that no order should have been made, or that such order should have been made for a lesser amount. an order under Section 91 or Section 92 refusing leave to institute a suit under Section 91 (Public nuisances and other wrongful acts affecting the public) or Section 92 (alleged breach of trust created for public purposes of a charitable or religious nature). an order under Section 95, i.e., compensation for obtaining arrest attachment or injunction on insufficient grounds. 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. any order made under rules from which an appeal is expressly allowed by the rules. No appeal lies from any order passed in appeal under this section.
Topics: Code of Civil Procedure, 1908
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