1. Appeal from orders.
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 except where the procedure specified in rule 10A of
Order VII has been followed;
(b) Omitted by Act 104 of 1976, w.e.f. 121977
(c) an order under rule 9 of Order IX rejecting an appiica’Jon
(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 e parte;
(e) [* * *]
(f) an order under rule 21 of Order XI;
(g) [* * *]
(h) [* * *]
(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;
(ja) an order rejecting an application made under subrule
(1) of rule 106 of order XXI, provided that an order on the
original application, that is to say, the application referred
to in subrule (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;
(I) an order under rule 10 of Order XXII giving or refusing
to give leave;
(m) [* * *]
(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;
(na) an order under rule 5 or rule 7 or Order XXXIII rejecting
an application for permission to sue as an indigent person;
(o) [* * *]
(p) order 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 XXXVIII;
(r) an order under Rule 1, Rule 2, 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 readmit,
or under Rule 21 of Order XLI to rehear, an appeal;
(u) an order under Rule 23 or Rule 23A or Order XLI remanding
a case, where an appeal would lie from the decree of the Appellate
Court;
(v) Omitted by Act 104 of 1976, w.e.f. 121977
(w) an order under Rule 4 of Order XLVII granting an application
for review.
HIGH COURT AMENDMENTS
Allahabad. In Order XLIII,
Rule 1 —
Delete clauses (g), (i) and (o), (1.6.1957)
Andhra Pradesh. (i) Same as
those of Madras Items (2), (3) and (4).
(ii) Insert the following as Rule 1, clause (iii): “(iii)
an order under Rule 106 of Order XXI”
(iii) Substitute the following as Rule 1, Clause (r): “(r)
order under Rule 1, Rule 2, Rule 3A, Rule 3B, Rule 4 or
Rule 10 of the Order XXXIX”. (19.4.1956).
Assam and Nagaland. sane as
that of Calcutta.
Bombay, Dadra and Nagar Haveli, Goa,
Daman and Diu.—
(1) Substitute the following for existing clause (r): an
order under Rule 1, Rule 2, Rule 4, Rule l0 and Rule 11 of
order XXXlX” (1101983 and 141987). Calcutta, Andaman
and Nicobar Islands. Insert the following after clause (i):
“(s) (a) an order under Rule 57 of Order XXI, directing
that an attachment shall cease or directing or omitting to
direct that an attachment shall continue.”
Delhi and Himachal Pradesh. Same
as that o Punjab.
Kerala, Laccadive, Minicoy and Amindivi
Islands. Clauses (ii), (on) and (s) same as those
of Madras. (961959).
Madras and Pondicherry. (1)
Add the following after Rule 1(i):
“(ii) an order under Rule 106 of Order XXI”:
(2) Substitute the following for clause (s) or Rule 1:
‘(i) An order under Rule 1 or Rule 4 or Order XL, except
an order under the proviso to subrule (2) of Rule 4”.
Orissa. Deleted (14.5.1984).
Patna. Add the following as
clause (ii) After clause (i):
“(ii) An order in garnishee proceedings other than
an order referred to in Rule 63H (I) of Order XXI.”
(7.1.1936).
Punjab, Haryana and Chandigarh.
In clause (u) after the word and figure “Rule 23”
insert the words and figure “or Rule 23A. “(3.8.1928).
