Appeal from Orders Under CPC

SECTIONS 104 to 108 and Order 43 provides for appeals against orders.
They state that certain orders are appealable and other orders are not
appealable. But it is possible to attack such orders in an appeal against
the final decree. These sections also provide the forum for an appeal. 
Order can be defined as "the formal expression of any decision of a civil
court which is not a decree"  Therefore, an adjudication by a court that
does not come under a "decree" is an "order".

An appeal of an order can be filed within ninety days before the High
Court and within thirty days from the date of the order, before another
court.  SECTION 106 states that appeals against orders in cases in which
they are appealable shall be brought before the court to where an
appeal would lie from the original suit. 
104.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:-
{Cls.(a) to (f) rep. by Act 10 of 1940, s.49 and Sch.III.}
{Ins.by Act 9 of 1922, s, 3.See also fool, note to s.35A, supra.} [(ff) an
order under section 35A ;]

(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:
{Ins.by Act 9 of 1922, s, 3.See also fool, note to s.35A, supra.} [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.

  
Some of the instances of appealable orders are- 
•An order awarding compensatory costs in respect of false or vexatious
claims or defence. 
•An order refusing leave to institute a suit against public nuisance.
•An order rejecting an application to set aside the dismissal of a suit for
default. 
•An order rejecting an application to set aside an ex parte decree. 
•An order dismissing a suit or striking out defense for non- compliance
with an order for discovery. 
•An order granting or refusing to grant interim injunction.
•An order refusing to restore an appeal dismissed for default of
appearance by appellant. 
•An order refusing to rehear an appeal heard ex parte.
•An order of remand.
•An order granting an application for review
OTHER ORDERS

Section 105 enacts that every order whether appealable or not, except
an order of remand, can be attacked in an appeal from the final decree
on the ground that there is an error, defect or irregularity in the order
and that such error, defect or irregularity affects the decision of the
case. The principle underlying Section 105 is that when an interlocutory
order is appealable, the party against whom such order is made is not
bound to prefer an appeal against it. There is no such law which
compels a party to appeal from every interlocutory order by which he
may feel affected. Section 105 makes it clear that an order appealable
under Section 104 may be questioned under this section in an appeal
from the decree in the suit, even though no appeal has been preferred
against the interlocutory order. 
ORDER WITH SUITS BY INDIGENT PERSONS.

Order 44 deals with appeals made by indigent persons.   Any person

entitled to file an appeal who is unable to pay the court fee needed for
the memorandum of appeal must file an appeal followed by a
memorandum of appeal and then the Court may permit him to appeal
as an indigent person. The present situation is that, on all the grounds
applicable to an ordinary citizen, an indigent person can also file an
appeal. Also, an indigent individual can file cross-objections. 
Rule 3 states that if the appellant has been permitted to sue in the trial
court as an indigent party, no further investigation is required if the
appellant files an affidavit claiming that he has not ceased to be an
indigent person since the date of the appeal of the decree. . Where the
appellant is said to have been an indigent person after the date of the
decree of appeal, the appellant's inquiry shall be carried out by the
appellate court or, on its request, by the officer of that court.   The
question to be considered by the court at the point of hearing an appeal
is whether the applicant is an indigent citizen.