Report No. 144

Chapter V

Sections 101 To 158

5.1. Section 104 and Appeals Against Orders

5.1.1. Section 104(1) provides as under:-

"(1) An appeal shall lie from the following orders and, save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders."

Section 104(2) reads as under:

"(2) No appeal shall lie from any order passed in appeal under this section."

Unlike sub-section (1) which expressly saves other laws, sub-section (2) contains no savings regarding other laws, and it seems that the legislative intention is to bar a second appeal against orders passed in first appeals against orders. However, there is a conflict of decisions on the subject.*

*. Paras. 5.1.3 to 5.1.9, infra.