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Under Section 104 of the CPC, no appeal lies against orders other than those expressly provided. Which of the following is NOT among the appealable orders under Section 104?
Answer & Solution
Correct answer: D.
1. **Section 104 of the CPC** says no appeal lies against orders other than what is expressly provided. The ICSI text lists the appealable orders:
2. (i) An order under **Section 35A** — for compensatory costs in respect of false or vexatious claims within the pecuniary jurisdiction of the Court, on the limited ground that no order should have been made or that such order should have been made for a lesser amount;
3. (ii) An order under **Section 91 or Section 92** refusing leave to institute a suit;
4. (iii) An order under **Section 95** — compensation for arrest/attachment/injunction on insufficient grounds;
5. (iv) An order under any provision of the Code imposing a fine or directing the arrest or detention in civil prison (except in execution of a decree);
6. (v) Any order made under rules from which an appeal is expressly allowed.
7. **Section 12 is NOT in the list of appealable orders** under Section 104.
_Source: ICSI CS Executive — Lesson 8, 'Order' (Section 2(14)), p. 176._
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