Bare ActsCode of Civil Procedure, 1908 (CPC)

Section OXLIII-R1

Appeals from Orders

Amendment status not verified — confirm the current text below against the official source.

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) 13A[x x x x] (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; (e) 13A[x x x x] (f) an order under Rule 21 of Order XI; (g) 13A[x x x x] (h) 13A[x x x x] (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; (l) an order under Rule 10 of Order XXII giving or refusing to give leave; (m) [x x x x] (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; 15A[(na) an order under Rule 5 or Rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent person;] (o) [x x x x] (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 XXXVIII; (r) an order under Rule 1, Rule 2, 15A[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 15A[or Rule 23A] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court; (v) [x x x x] (w) an order under Rule 4 of Order XLVII granting an application for review. Inserted by Act 104 of 1976, S.89 (w.e.f. 01/02/1977). Omitted by Act 104 of 1976, S.89 (w.e.f. 01/02/1977). Inserted by Act 104 of 1976, S.89 (w.e.f. 01/02/1977). Omitted by Act 104 of 1976, S.89 (w.e.f. 01/02/1977). Inserted by Act 104 of 1976, S.89 (w.e.f. 01/02/1977).

Section OXLIII-R1 – Code of Civil Procedure, 1908 (CPC) | DailyLaw.ai