AI Overview...
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Appeal against Interlocutory Order - An interlocutory order is an order issued during the pendency of a suit that does not finally determine the rights of the parties. Generally, such orders are not directly appealable unless they conclusively determine the rights of the parties under specific provisions like Section 47 of the CPC. Appeals from interlocutory orders are permissible when the order conclusively determines rights or is of a final nature, such as orders affecting the right to appeal or execution proceedings. Rekha Mukherjee VS Ashis Kumar Das - Supreme Court, Parshava Properties Ltd. VS A. K. Bose - Patna, PORVILI SREEBHADRA KALI KSHETHRAM TRUST vs MOHANAN Advocate - ABU MATHEW, ,ABU MATHEW,AJU MATHEW,ROY THOMAS (MUVATTUPUZHA - Kerala
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Nature and Definition - Interlocutory orders are not explicitly defined in the Cr.P.C. or P.C.Act but are understood as orders of a significant nature that impact the course of proceedings. Orders that are of such importance that they affect the substantive rights of parties or dispose of a substantial part of the case may be considered appealable. Orders that merely involve procedural or incidental matters typically are not appealable. Jasobant Narayan Mohapatra VS State of Orissa - Orissa
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Legal Framework for Appeal - Section 104(2) of the CPC stipulates that no appeal shall lie from any order made under the CPC, except where an appeal is expressly provided. However, certain interlocutory orders that conclusively determine rights or are of a final nature are exceptions, and appeals are permitted under specific circumstances, especially when the order affects the substantive rights of the parties or the final disposal of the case. PORVILI SREEBHADRA KALI KSHETHRAM TRUST vs MOHANAN Advocate - ABU MATHEW, ,ABU MATHEW,AJU MATHEW,ROY THOMAS (MUVATTUPUZHA - Kerala, Parshava Properties Ltd. VS A. K. Bose - Patna
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Specific Cases and Judgments - Courts have allowed appeals against interlocutory orders when such orders impact the rights of parties significantly, such as orders dismissing stay applications improperly evaluated, or orders affecting execution proceedings. Conversely, orders that are procedural and do not determine substantive rights are generally not appealable. For example, orders dismissing interlocutory applications without affecting the final rights are not usually subject to appeal. Ashwatha Developers VS Shree Vardhaman Stanakvasi Jain - Bombay, Radhapersad Singh VS Ram Parmeswar Singh - Calcutta, Durga Kala Mandir VS S. Pulla Rao - Andhra Pradesh, Umaravati Bai (Died), through Legal Representative Ramesh Agrawal, S/o Late Ramkishan Agrawal VS Brijmohan Sahu, S/o Late Jagdish Ram Sahu - Chhattisgarh, Shillong Muslim Union vs Md. Munshi Ali Sonari @ Munna Ali (Since Deceased) - Meghalaya
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Analysis and Conclusion - The right to appeal against interlocutory orders depends on whether the order conclusively determines rights or is of a final nature. Orders that directly affect the substantive rights of parties, such as dismissals of stay applications or judgments affecting the main suit, are appealable. Orders that are procedural or interlocutory in nature, which do not decide the rights or liabilities of the parties, are generally not appealable under Section 104(2) of the CPC. Therefore, the appealability of an interlocutory order hinges on its impact on the rights of the parties and whether it falls within the exceptions provided by law or judicial interpretation. Jasobant Narayan Mohapatra VS State of Orissa - Orissa, PORVILI SREEBHADRA KALI KSHETHRAM TRUST vs MOHANAN Advocate - ABU MATHEW, ,ABU MATHEW,AJU MATHEW,ROY THOMAS (MUVATTUPUZHA - Kerala
Summary:
Appeals against interlocutory orders are permissible when such orders conclusively determine rights or are of a final nature, impacting substantive rights of the parties. Orders that are procedural or incidental typically do not qualify for appeal under Section 104(2) of the CPC unless they fall under specific exceptions. Courts have clarified that the appealability depends on the order's effect on the case's final outcome or rights.
Search Results for "Appeal against Interlochutory Order"
2005 2 Supreme 47 • India - Supreme Court
N.S.HEGDE, S.B.SINHA
by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit. ... himself aggrieved, by a decree or order from which an appeal is allowed but from which no appeal has been preferred, to file an ... So is a right of appeal. ... In case a review is rejected, the order would not be appealable whereas an order granting an application may be objected at....
2008 0 Supreme(Ori) 382 • India - Orissa
B.K.PATEL
INTERLOCUTORY ORDER - Interlocutory order has neither been defined in the Cr.P.C. nor in the P.C.Act - What it means, stated. ... An order which is an order of moment for an accused does not come within the ambit of interlocutory order so far as that accused ... The impugned order is not an interlocutory order and the embargo contained under Section 397 (2) of the Cr.P.C. and Section 19(3) ... As ....
2016 0 Supreme(Bom) 338 • India - Bombay
R.D.DHANUKA
... Result – Appeals allowed. ... of order dated 16th June 2010 read with order dated 19th October 2010 has been impugned by the defendant no.4 in Appeal from Order No.495 of 2015. ... Appeal from Order No.487 of 2015 is filed by the original defendant no.3 and Appeal from Order No.1210 of 2015 is filed by the Municipal Corporation for Greater Mumbai (original defendant nos.1 and 2). The respondent no.1 herein was the original plai....
2010 Supreme(Online)(KER) 39014 • India - High Court of Kerala
C.K. ABDUL REHIM, J
Stay - Interlocutory Applications - None Fact of the Case: The petitioner filed an appeal against an assessment order ... at an interlocutory stage. ... Issues: Whether it was legal for the 1st respondent to dismiss the stay application by evaluating the merits of the appeal ... It was not proper on the part of the 1st respondent to arrive at any conclusion with respect to each and every grounds raised in the appeal, while disposing the interlocutory application, is....
2014 0 Supreme(AP) 1539 • India - Andhra Pradesh
B.CHANDRA KUMAR
The appeal is admitted on the following question of law. ... Seeking for injunction - This appeal is directed against the decree and judgment passed in AS No. 39 of ... I am of the view that there is no need to discuss the other points raised in this appeal. In view of the above discussions, I hold that the appeal has to be dismissed. ... 34. Accordingly, the second appeal is dismissed. No costs. ... Miscellaneous petitions, if any, pending in this appeal shall stand closed. ... Aggri....
1882 0 Supreme(Cal) 68 • India - Calcutta
R. P. COLLIER, R. COUCH, FITZGERALD, B. PEACOCK, A. HOBHOUSE
Set-off - Costs - Decree - [Order 41 Rule 22, Order 21 Rule 33, Order 20 Rule 12] - The court held that a decree awarding costs ... of that appeal. ... An appeal was presented to the High Court, who delivered judgment thereon on the 26th of April 1869. ... They, therefore, think it right that the appellant should have the costs of this appeal, and also the costs in the High Court. ... The respondents presented an appeal to the High Court, and on the 24th February 18....
2025 Supreme(Online)(Megh) 134 • India - IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
B. BHATTACHARJEE
interlocutory. ... (A) Code of Civil Procedure, 1908 - Order 21 Rule 26 - Execution Proceedings - The petitioner challenged the order staying execution ... (Paras 3, 4, 6, 8) ... ... (B) Interlocutory Orders - The court ... An appeal vide T.C.A. No. 1 (H) of 2021 was preferred against the order of dismissal and the learned Appellate Court decreed the suit in favor of the petitioner by judgment and decree dated 02.05.2024. ... The learned counsel appearing for the respondent No.1, on ....
1979 0 Supreme(Pat) 126 • India - Patna
S.K.CHOUDHURI, S.SARWAR ALI
which are interlocutory in nature-Appeal from such orders which conclusively determines the right of the party U/s 47 is appeal-able ... and execution proceedings are continuation of a suit and determination in appeal is also decree and which are not in regard to order ... only against orders where right of appeal is not essential like interlocutory orders-While interpreting statutes where two views ... If his objection is overruled he has a right of appeal#....
2024 0 Supreme(Chh) 633 • India - Chhattisgarh
SANJAY K. AGRAWAL
of ex parte decree - The Trial Court lacked jurisdiction to proceed ex parte against the Defendant when the matter was fixed for interlocutory ... (B) Jurisdiction - The Court emphasized that ex parte proceedings can only occur when the suit is called for hearing, not for interlocutory ... Civil Appeal No.09/2019 under Order 43 Rule 1 of CPC before the Fourth Additional District Judge, Raipur who however dismissed the appeal of the Defendant by its Order dated 30.4.2019 against which ....
2015 Supreme(Online)(KER) 29283 • India - High Court of Kerala
K.S.RADHAKRISHNAN, SUNIL THOMAS, JJ
Issues: Whether the appeal against the interim order is maintainable under Section 104(2) of the CPC. ... Final Decision: The appeal is dismissed, confirming the lower court's order, mandating prompt resolution of the underlying ... appeal within six months. ... from an interlocutory or interim order as in an appeal from a decree. ... Section 104(2) CPC specifically states that no appeal shall lie from any order....
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