(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:—
(ff) an order under section 35A;
(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;
(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:
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.
Legal Commentary & Landmark Judgments: Section 104
Section 104 of the Code of Civil Procedure, 1908 specifies the orders from which an interlocutory appeal lies, establishing the statutory rule that no appeal lies from any other order except as provided in the Code.
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
Section 104 operates as a strict filter. If an interlocutory order is not listed in Section 104(1) or Order XLIII Rule 1 (e.g. an order rejecting an application under Section 151 CPC or allowing an amendment under Order VI Rule 17), no statutory appeal lies, leaving the aggrieved party with the sole recourse of supervisory revision under Section 115 CPC or Article 227 of the Constitution.