Supreme Court of India
Mangluram Dewangan v. Surendra Singh and Ors.
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What the Court ordered
In view of the above, the finding of the High Court that the order dated 31.1.1996 passed by the trial court, was not D appealable is upheld.
Judgment, page 25
From the headnote
Code of Civil Procedure, 1908: s. 2(2) - Decree - Essential requirements for an order to c be treated as decree - Discussed. ss.2(2), 96, 104, 115, Or.43 r.1 - Decree and appealable order - Distinction between - Held: Where the order is a 'decree' as defined u/s.2(2), an appeal would He u/s.96 (with 0 a provision for a second appeal uls.100) - When the order is not a 'decree', but is an order which is one among those enumerate~ in s. 104 or r. 1 of Or. 43, an appeal would lie u/ s. 104 or u/s. 104 r/w Or. 43, r. 1 (without any provision for a second appeal) - If the order is neither a
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