Order Under Section 2(14) CPC

Defined u/s 2 (14) of the Civil Procedure Code.  It means the formal expression of any decision of the Civil Court which is not a decree.

The starting point for an order need not always be a plaint, it may be an application or petition. Though being a formal expression, it follows that an order need not conclusively determine the rights of parties on any matter in dispute. However, it may relate to the matters in controversy.

It is a general rule created under the Code that only decres are appealable and  orders are non – appealable. However , there can be circumstances when an order can largely affect the rights of the parties to a suit and therefore, Section – 104 was enacted to provide a list of orders from which an appeal lies. Under Section – 104 read with Order – 43 following orders are appealable.

Order 43, Rule 1: An appeal will lie from the accompanying requests under the arrangements of Section 104, specifically:

An Order under Rule 10 of Order VII is for restoring a plaint to be exhibited to the correct court, with the exception of  the system which is determined in Rule 10-A of the Order has been pursued. Which says that court can add any person as party at any point of proceedings.

An Order under Rule 9, Order IX dismissing an application (for a situation open to appeal) for a request to put aside the expulsion of a suit.

An Order under Rule 13 of Order IX dismissing an application (for a situation open to appeal) for an order to put aside a decree passed out.

An Order under Rule 21 of Order XI, if there should be an occurrence of rebelliousness with an order for disclosure.

An Order under Rule 34 of Order XXI is for an issue with the draft of the report of support.

An Order under Rule 72 or Rule 92 of Order XXI saving or declining to put aside a deal.

An Order dismissing an application under sub-rule (1) of Rule 106 of Order XXI, gave that a request on the first application, in other words, the application alluded to in sub-rule (1) of that Order is appealable.

An Order under Rule 9 of Order XXII declining to put aside the reduction or rejection of a suit.

An Order under Rule 10 of Order XXII giving or declining to give leave.

An Order under Rule 2 of Order XXV dismissing an application (for a situation open to offer) for a request to put aside the rejection of suit.

An Order under Rule 5 or Rule 7 of Order XXXIII dismissing an application for authorization to sue as a poor individual.

Orders in interpleaded suits under Rule 3, Rule 4 or Rule 6 of Order XXXV.

An Order under Rule 2, rule 3 or rule 9 of Order XXXVIII.

An order under rule 1, rule 2, rule 2A, rule 4, or rule 10 of Order XXXIX;

An order for refusal under rule 19 of Order XL1 to re-concede, or under rule 21 of Order XLI to re-hear, an intrigue or appeal;

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