Section 104 of CPC : Section 104: Orders from which appeal lies.

Explanation using Example

Example 1:

Scenario: Ramesh files a frivolous lawsuit against Suresh, claiming damages for a minor issue. The court finds Ramesh's claim to be vexatious and orders him to pay compensatory costs to Suresh under Section 35A of the Code of Civil Procedure, 1908.

Application of Section 104: Ramesh believes the order to pay compensatory costs is unfair and decides to appeal the order. Under Section 104(1)(ff), Ramesh has the right to appeal against the order made under Section 35A.

Example 2:

Scenario: A local NGO wants to file a public interest lawsuit under Section 92 of the Code of Civil Procedure, 1908, to address the mismanagement of a public charitable trust. The court, however, refuses to grant them leave to institute the suit.

Application of Section 104: The NGO believes the court's refusal is unjust and decides to appeal the order. Under Section 104(1)(ffa), the NGO has the right to appeal against the order refusing leave to institute a suit under Section 92.

Example 3:

Scenario: Priya is ordered by the court to pay a fine for contempt of court during a civil proceeding. She believes the fine is excessive and wants to challenge the order.

Application of Section 104: Priya can appeal the order imposing the fine under Section 104(1)(h), which allows appeals from orders imposing fines or directing arrest or detention in civil prison, except where such arrest or detention is in execution of a decree.

Example 4:

Scenario: A tenant, Anil, is ordered by the court to vacate a rented property and is directed to be detained in civil prison for non-compliance with the court's order. Anil believes the detention order is unjust.

Application of Section 104: Anil can appeal the order directing his detention in civil prison under Section 104(1)(h), as it allows appeals from orders directing arrest or detention in civil prison, except where such arrest or detention is in execution of a decree.

Example 5:

Scenario: A court imposes a fine on a company for failing to comply with a court order. The company believes the fine is unwarranted and decides to appeal the order.

Application of Section 104: The company can appeal the order imposing the fine under Section 104(1)(h), which allows appeals from orders imposing fines or directing arrest or detention in civil prison, except where such arrest or detention is in execution of a decree.