Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XLIII · Appeals from Orders

1Appeal from orders.

Order 43, Rule 1

An appeal shall lie from the following orders under the provisions of section 104, namely:—

(a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court 2[except where the procedure specified in rule 10A of Order VII has been followed];

3 * * * * *

(c). an order under rule 9 of order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit;

(d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte;

3* * * * *

(f) an order under rule 21 of Order XI;

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(i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an endorsement;

(j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;

1[(ja) an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule 105 of that Order is appealable;]

(k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;

(l) an order under rule 10 of Order XXII giving or refusing to give leave;

2* * * * *

(n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit;

1[(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent person;]

2* * * * *

(p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV;

(q) an order under rule 2, rule 3 or rule 6 of Order (XXVIII);

(r) an order under rule 1, rule 2 1[rule 2A], rule 4 or rule 10 of Order XXXIX;

(s) an order under rule 1, or rule 4 of Order XL;

(t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to re-hear, an appeal;

(u) an order under rule 23 1[or rule 23A] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court;

2* * * * *

(w) an order under rule 4 of Order XLVII granting an application for review.

Page 225

2 Ins. by s. 89, ibid (w.e.f. 1-2-1977).

3 Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977).

Page 226

1 Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977).

2 Clauses (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid. (w.e.f. 1-2-1977).

Order 43, Rule 1 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.