Section 105 in The Code of Civil Procedure, 1908
105. Other orders .-
(1) Save as otherwise expressly provided, no appeal shall lie from any order ... 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
questioning the said order in this appeal as provided under Section 105 , C.P.C. and that viewed from any angle, the judgment and decree ... under Section 115 , CPC by way of a civil revision and he cannot challenge it in this appeal, for. Section 105 , CPC
Second Appeal under the
provisions of Section 100 , Code of Civil Procedure, 1908 (hereinafter
referred to as " CPC ").
13. The arguments ... which is extracted hereunder:
"24. Sub-section (2) of Section 105 of the Civil Procedure
Code, 1908 provides that where any party aggrieved
Travel Solution Pvt. Ltd. Contd....P..4 of 6
: 5 :
CPC . Section 105 (2) as observed earlier applies to appeals against orders ... Supreme Court that
" Section 105 of the Code of Civil Procedure, 1908 specifically provides that
any error, defect or irregularity in any order affecting
Section 105 CPC is concerned, the
procedural provision is Order 43 Rule 1-A CPC . Section 105 CPC ... Memorandum of Appeal as envisaged under Section
105 of the Code of Civil Procedure.
16. It is in the aforementioned backdrop, the question
application Under Section 17(3) of the said Act. The first appellate court further expressed its inability to interfere even Under Section 105 ... matter and cannot be reopened in a regular appeal Under Section 105 C.P.C. against the final decree in that proceeding. In other words
independently appealable under Section 104 read with Order
XLIII, CPC . Nevertheless, sub-section (1) of Section 105 ,
CPC specifically provides that ... that which is dealt with
in a provision like Section 105 of the Civil Procedure Code which
enacts:
‘105. (1) Save as otherwise expressly provided
Civil Revision Petition filed by the appellant in
C.R.P.No.3366/94 has been dismissed by this Court, under Section 105(1)
CPC ... Civil Revision Petition and under the said circumstances, it is not open to the
appellant to challenge the said Order under Section 105(1)
preliminary objection within the meaning of Sub-section (2) of Section 105 of the Code of Civil Procedure, which reads thus:
105. Other orders ... after insertion of Explanation to Section 141 CPC, the provisions engrafted under Sub-section (2) of Section 105 , CPC
questioned, which opportunity the appellants had in view of
provisions of Section 105 CPC. The question is now sought to be
raised ... appellants under Section 105 CPC and claiming the
said aspect as a pure question of law and judgments in the case
