Other orders
Section 105 of the Code of Civil Procedure, 1908 deals with other orders. 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; The Act came into force on 01 Jan 1909.
(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 a 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 1 *** from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness.
Section 105, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bhanu Kumar Jain vs Archana Kumar
Court's Decision & Legal Precedent
A defendant against whom an ex parte decree has been passed has two distinct remedies, an application under Order 9 Rule 13 and a first appeal under Section 96, and the statutory right of appeal cannot be curtailed merely because the Order 9 Rule 13 application failed; but the question of sufficiency of cause once decided against him in that application operates as issue estoppel and cannot be reopened at a later stage of the same proceeding.
On this section: Marks the outer limit of what may be set forth as a ground of objection in the appeal against the decree: an interlocutory matter already adjudicated against the appellant at an earlier stage of the same proceeding cannot be re-agitated under Section 105.
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Surendra Kumar Maheshwari vs Shiva Enterprises
Court's Decision & Legal Precedent
The Court read Section 105 restrictively and declined to interfere with a High Court's intermediate order, holding that the policy of the Code is against separate challenges to interlocutory orders, whose correctness is to be pressed when the decree is appealed; the petition was in any event dismissed on the ground of delay as well.
On this section: Applies Section 105 as the reason an interlocutory order is not separately appealable, the objection to it surviving for the appeal against the decree.
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Anju Mahendra Mehta, Anr. vs Kaushik Pandya
Court's Decision & Legal Precedent
Refusing supervisory interference under Article 227 with a trial judge's order admitting documents (photocopies tendered without laying the foundation for secondary evidence), the Court held that an error, defect or irregularity in such an interlocutory evidentiary order does not warrant a writ at that stage because it can be taken as a ground of objection in the memorandum of appeal from the decree.
On this section: A working illustration of Section 105(1): rulings on admissibility of documents are not separately appealable and are preserved for the memorandum of appeal against the decree.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… in the case aforesaid, I would like to state that in the instant matter the question is relating to permission granted by the appellate court to produce additional evidence and for that the appellate court is having adequate powers as per Order XLI Rule 27 Code of Civil Procedure. It is further relevant to note that Section 105 Civil Procedure Code specifically provides that 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. The defendants, therefore, were right to set forth a ground of objection in the …
Questions about Section 105
What have the courts held on Section 105 of the Code of Civil Procedure?
Bhanu Kumar Jain vs Archana Kumar is the leading judgment on this section among those set out below: Marks the outer limit of what may be set forth as a ground of objection in the appeal against the decree: an interlocutory matter already adjudicated against the appellant at an earlier stage of the same proceeding cannot be re-agitated under Section 105. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court.
How do I find court cases under Section 105 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 105, section 105 CPC, section 105 of the Code of Civil Procedure. People searching for it also type cpc 105 anniversary and cpc 105c. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Bhanu Kumar Jain vs Archana Kumar.
When did Section 105 of the Code of Civil Procedure come into force?
Section 105 of the Code of Civil Procedure, cited as CPC 105, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.