Section 105

Other orders.

The Code of Civil Procedure, 1908

  • Act 5 of 1908
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

All sections
    (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.

Notes

1. Words “made after the commencement of this Code” omitted by Act 104 of 1976, s. 42, (w.e.f. 1-2-1977)..

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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