Some IAs are appealable some are not
Some of the Orders issued on Interlocutory Applications by the civil court are appealable. However, some other interlocutory orders are not.
Provision relating to Civil Miscellaneous Appeal (CMA)
The Section 104 of the Code of Civil Procedure (CPC) and the Order 43 of the CPC enlists the orders against which appeal can be filed. No other order other than those expressly provided in the above provisions in the CPC can be appealed against before the High Court.
Orders Enumerated in Section 104:
Compensatory Costs: Appeals can be filed against orders granting compensatory costs for false or vexatious claims or defenses (Section 35-A).
Leave to Sue: Appeals can be filed against orders refusing leave to institute a suit regarding public nuisance or other wrongful acts affecting the public or public charities (Sections 91 and 92).
Arrest, Attachment, or Injunction: Appeals can be filed against orders related to compensation for obtaining arrest, attachment, or injunction on insufficient grounds (Section 95).
Fine or Detention: Appeals can be filed against orders imposing a fine or directing arrest or detention in a civil prison.
No further appeal from the appellate orders in IAs
The Section 104(2) of the CPC specifically states that no further appeal lies from an order passed in appeal under Section 104 of the CPC.
Basic errors or defects can be raised in Memorandum of Appeal
But the error, defect, or irregularity in the order, affecting the decision of the case, can be set forth as a ground of objection in the Memorandum of Appeal, when an appeal is filed against the final decree in the case.
IAs in any appeal would lie to the High Court
If an appeal from an order is allowed it shall be filed before the court to which an appeal would normally lie from the order in the suit. If such an order was made by the appellate court in exercise of appellate jurisdiction, then the appeal against the IA would lie to the High Court.
In conclusion
In essence, Section 104 creates a mechanism for appeals against specific types of orders, including those related to costs, public nuisance, and certain types of court actions, as well as those made appealable under specific rules like Order 43, Rule 1 of the CPC.
