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Bare acts > Code of Civil Procedure, 1908 > Order 43 Rule 1
 
   


 

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. 1-2-1977

(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 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;

(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 re-admit, or under Rule 21 of Order XLI to re-hear, 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. 1-2-1977

(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 3-A, Rule 3-B, 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” (1-10-1983 and 1-4-1987). 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. (9-6-1959).

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 sub-rule (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 63-H (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 23-A. “(3.8.1928).

 

 

 

 

 

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