What are Other orders? What Courts to hear appeals? What are the Powers of Appellate Court? Section 105, 106 and 107 of Code of Civil Procedure 1908

Other orders, What Courts to hear appeals and Powers of Appellate Court are defined under Section 105, 106 and 107 of Code of Civil Procedure 1908. Provisions under these Sections are:


Section 105 of Code of Civil Procedure 1908 "Other orders"

(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 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 from which an appeal lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness.

Section 106 of Code of Civil Procedure 1908 "What Courts to hear appeals"

Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.

Section 107 of Code of Civil Procedure 1908 "Powers of Appellate Court"

(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power-

(a) to determine a case finally;

(b) to remand a case;

(c) to frame issues and refer them for trial;

(d) to take additional evidence or to require such evidence to be taken.

(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.

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