An appeal shall lie from the following orders under the provisions of section 104, namely:- an order under rule 10 of Order VII returning a plaint to be presented to the proper Court [except where the procedure specified in rule 10A of Order VII has been followed] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] ; [*****] [Clauses (b) omitted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] an order under rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit; an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte [*****] [Clauses (b), (c), (g) (h) (m) (o)and (v) omitted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] an order under rule 21 of Order XI; [*****] [Clauses (b), (c), (g) (h) (m) (o)and (v) omitted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] an order under rule 34 of Order XXI on an objection to the draft of a document or of an endorsement; an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale; [ an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule 105 of that Order is appealable.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1976).] an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit; an order under rule 10 of Order XXII giving or refusing to give leave; [*****] [Clauses (m), (o) and (v) omitted by Section 89, ibid. (w.e.f. 1.2.1977).] an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit; [ an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent persons:] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] [*****] [Clauses (b), (c), (g) (h) (m) (o)and (v) omitted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] orders in interpleader-suits under rule, rule 4 or rule 6 or Order XXXV; an order under rule 2, rule 3 or rule 6 of Order XXXVIII; an order under rule 1, rule 2 [rule 2A] [ Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] , rule 4 or rule 10 of Order XXXIX; an order under rule 1 or rule 4 of Order XL; an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to re-hear, an appeal; an order rule 23 [or rule 23A] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court; [*****] [ Clauses (b), (c), (g) (h) (m) (o)and (v) omitted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] an order under rule 4 of Order XLVII granting an application for review.

High Court Amendments-[Allahabad].-In Order 43, rule 1:- (i) Delete clauses (g), (i) and (o).-(1-6-1957). (ii) Add in clause (r), the words "Rule 2-A" between the words "Rule 2" and "Rule 4".-(19-4-1958). [Andhra Pradesh].-(i) Same as those of Madras item (b), (c) and (d). (ii) Insert the following as rule 1, clause (jjj): "(jjj) an order under rule 106 of Order XXI".-(19-4-1956). (iii) Substitute the following as rule 1, clause (r): "(r) an order under rule 1, rule 2, rule 3-A, rule 3-B, rule 4 or rule 10 of Order XXXIX."-(12-7-1962). [Bombay].-In rule 1, for the existing clause (r), substitute the following as: "(r) an order under rule 1, rule 2, rule 4, rule 10 or rule 11 of Order XXXIX."-(1-10-1983). [Calcutta].-Insert the following after clause (i), rule 1, Order 43: "(ii) an order under rule 57 of Order 21, directing that an attachment shall cease or directing or omitting to direct that an attachment shall continue." [Delhi].-Same as that of Punjab. [Gauhati].-Same as that of Calcutta. [Himachal Pradesh].-Same as that of Punjab. [Kerala].-Clauses (jj), (nn) and (s)-Same as those of Madras.-(9-6-1959). [Madras].-(a) Add the following after rule 1(i): "(ii) An order under rule 106 of Order XXI." (b) Add the following after rule 1 (j): "(jj) An order rejecting an application made under sub-rule (1) of rule 105 of Order 21 provided an order on the main application referred to in sub-rule (1) of rule 104 of that Order is appealable." (c) Add the following after rule 1(n): "(nn) An order under rule 5 or rule 7 of Order 33 rejecting an application for permission to sue as a pauper on the ground specified in clause (d) or clause (d-i) of rule 5 aforesaid." (d) Substitute the following for clause (s) of rule 1: "(s) An order under rule 1 or rule 4 of Order 40, except an order under the proviso to sub-rule (2) of rule 4." [Patna].-Add the following after clause (i), rule 1, Order 43: "(ii) an order in garnishee proceedings other than order referred to in rule 63-H (1) of Order 21."-(7-1-1936). [Punjab].-In clause (u), after the word and figures "rule 23", insert the words and figures "or rule 23-A".-(3-8-1928).

[1A . Right to challenge non-appealable orders in appeal against decree. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f 1.2.1976).] - (1) Where any order is made under this Code against a party and there upon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced.

In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.]

An appeal shall lie from the following orders under the provisions of section 104, namely:- an order under rule 10 of Order VII returning a plaint to be presented to the proper Court [except where the procedure specified in rule 10A of Order VII has been followed] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] ; [*****] [Clauses (b) omitted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] an order under rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit; an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte [*****] [Clauses (b), (c), (g) (h) (m) (o)and (v) omitted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] an order under rule 21 of Order XI; [*****] [Clauses (b), (c), (g) (h) (m) (o)and (v) omitted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] an order under rule 34 of Order XXI on an objection to the draft of a document or of an endorsement; an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale; [ an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule 105 of that Order is appealable.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1976).] an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit; an order under rule 10 of Order XXII giving or refusing to give leave; [*****] [Clauses (m), (o) and (v) omitted by Section 89, ibid. (w.e.f. 1.2.1977).] an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit; [ an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent persons:] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] [*****] [Clauses (b), (c), (g) (h) (m) (o)and (v) omitted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] orders in interpleader-suits under rule, rule 4 or rule 6 or Order XXXV; an order under rule 2, rule 3 or rule 6 of Order XXXVIII; an order under rule 1, rule 2 [rule 2A] [ Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] , rule 4 or rule 10 of Order XXXIX; an order under rule 1 or rule 4 of Order XL; an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to re-hear, an appeal; an order rule 23 [or rule 23A] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court; [*****] [ Clauses (b), (c), (g) (h) (m) (o)and (v) omitted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] an order under rule 4 of Order XLVII granting an application for review.

High Court Amendments-[Allahabad].-In Order 43, rule 1:- (i) Delete clauses (g), (i) and (o).-(1-6-1957). (ii) Add in clause (r), the words "Rule 2-A" between the words "Rule 2" and "Rule 4".-(19-4-1958). [Andhra Pradesh].-(i) Same as those of Madras item (b), (c) and (d). (ii) Insert the following as rule 1, clause (jjj): "(jjj) an order under rule 106 of Order XXI".-(19-4-1956). (iii) Substitute the following as rule 1, clause (r): "(r) an order under rule 1, rule 2, rule 3-A, rule 3-B, rule 4 or rule 10 of Order XXXIX."-(12-7-1962). [Bombay].-In rule 1, for the existing clause (r), substitute the following as: "(r) an order under rule 1, rule 2, rule 4, rule 10 or rule 11 of Order XXXIX."-(1-10-1983). [Calcutta].-Insert the following after clause (i), rule 1, Order 43: "(ii) an order under rule 57 of Order 21, directing that an attachment shall cease or directing or omitting to direct that an attachment shall continue." [Delhi].-Same as that of Punjab. [Gauhati].-Same as that of Calcutta. [Himachal Pradesh].-Same as that of Punjab. [Kerala].-Clauses (jj), (nn) and (s)-Same as those of Madras.-(9-6-1959). [Madras].-(a) Add the following after rule 1(i): "(ii) An order under rule 106 of Order XXI." (b) Add the following after rule 1 (j): "(jj) An order rejecting an application made under sub-rule (1) of rule 105 of Order 21 provided an order on the main application referred to in sub-rule (1) of rule 104 of that Order is appealable." (c) Add the following after rule 1(n): "(nn) An order under rule 5 or rule 7 of Order 33 rejecting an application for permission to sue as a pauper on the ground specified in clause (d) or clause (d-i) of rule 5 aforesaid." (d) Substitute the following for clause (s) of rule 1: "(s) An order under rule 1 or rule 4 of Order 40, except an order under the proviso to sub-rule (2) of rule 4." [Patna].-Add the following after clause (i), rule 1, Order 43: "(ii) an order in garnishee proceedings other than order referred to in rule 63-H (1) of Order 21."-(7-1-1936). [Punjab].-In clause (u), after the word and figures "rule 23", insert the words and figures "or rule 23-A".-(3-8-1928).

[1A . Right to challenge non-appealable orders in appeal against decree. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f 1.2.1976).] - (1) Where any order is made under this Code against a party and there upon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced.

In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.]