Section 106 — What Courts to hear appeals
Once an appeal from an order is allowed (by § 104 / Order XLIII), § 106 tells you which court hears it. As a rule it goes to the same court that would hear an appeal from the decree in that suit. But where the order was made by a court below the High Court sitting in its appellate jurisdiction, the appeal goes to the High Court.
How to read Section 106
A forum rule, not a right
§ 106 does not decide whether an order can be appealed — that is § 104 / Order XLIII. It only fixes which court hears an appeal that is already allowed.
Default: follow the decree
The order-appeal lies to the court to which an appeal from the decree in that suit would lie — the order rides to the same appellate forum as the decree.
Special: appellate orders → High Court
Where the order was made by a court (not a High Court) in its appellate jurisdiction, the appeal lies to the High Court.
The bare Act
Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.→ Whether an order-appeal lies at all = § 104 / Order XLIII, r. 1; § 106 fixes only the forum.
Note. § 106 stands as in the original Code. Its two limbs route an allowed order-appeal: ordinarily to the decree’s appellate court; but for an order made by a subordinate court in appeal, straight to the High Court.
Key terms decoded
The pre-condition: some provision (§ 104, or a rule under Order XLIII) already permits an appeal from that order. § 106 then routes it.
The court that will hear the appeal. § 106 answers the “which court?” question, not the “is it appealable?” question.
The same appellate court that would hear an appeal from the decree in that suit — the order-appeal follows the decree’s route.
A court below the High Court (e.g. a District Court) that made the order while hearing an appeal.
In that special case the order-appeal goes directly to the High Court — not to yet another intermediate court.
A court acts in original jurisdiction when trying a suit, and in appellate jurisdiction when hearing an appeal. The second limb of § 106 turns on the latter.
The picture — routing an order-appeal
§ 106 is a signpost. Most order-appeals are sent to the very court that would hear the appeal from the decree — keeping order and decree on one track. The exception catches an order made by a subordinate court sitting in appeal: that appeal jumps straight to the High Court.
Section 106, part by part
Connected provisions
Section 106 closes the appeals-from-orders cross-heading (§§ 104–106). It presupposes § 104 / Order XLIII, r. 1 (which orders are appealable) and routes that appeal to the forum of the decree appeal (§ 96) — or, for a subordinate court’s appellate order, to the High Court.