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Section 105: Other orders

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 104 All 158 Sections of Code of Civil Procedure Section 106
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Decree Sec 2(2) Order Sec 2(14)

Legal Commentary & Landmark Judgments: Section 105

Section 105 establishes that non-appealable interlocutory orders can be challenged in an appeal from the final decree, providing that any error, defect, or irregularity affecting the decision may be set forth as a ground of objection in the memorandum of appeal.

  • Interlocutory Orders Challenge in Final Appeal: Save as otherwise provided, no appeal shall lie from any order made by a court; 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.
  • Bar on Interlocutory Re-Litigation: Prevents mid-trial disruption by deferring appellate challenge of procedural orders (e.g., amendment of plaint, discovery, secondary evidence) to the final decree appeal.
  • Exception for Remand Orders [Sec 105(2)]: A party who fails to appeal against an appealable order of remand under Order 43 Rule 1(u) is precluded from disputing its correctness thereafter.
Key Landmark Precedents:
  • K.A. Ansari v. Indian Airlines Ltd., (2009) 2 SCC 164: The Supreme Court explained that Section 105 preserves the right of an aggrieved litigant to attack adverse interlocutory orders during the final appeal against the decree.
  • Achal Misra v. Rama Shanker Singh, (2005) 5 SCC 531: The Supreme Court authoritatively analyzed Section 105, holding that a party does not waive their right to challenge an illegal intermediate order merely because they did not file a revision during trial; they can attack it under Section 105 in the final appeal.
Courtroom Practice & Strategic Litigation Guidance:

If the trial court illegally allowed an amendment of the plaint under Order 6 Rule 17 or permitted secondary evidence, do not stall trial with a hopeless revision; preserve your objection and make it Ground No. 1 in your Section 96 First Appeal under Section 105.

Section 104 All 158 Sections of Code of Civil Procedure Section 106