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Code of Civil Procedure, 1908 · Order XLIII: Appeals From Orders

Order XLIII Rule 1 CPC: Appeals from orders

Bare Act text

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];

* * *

(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;

* * *

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

* * *

(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;

* * *

(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 of Order XXXIII rejecting an application for permission to sue as an indigent person;]

* * *

(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 [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] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court;

* * *

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

Amendment notes

Ins. by s. 89, ibid (w.e.f. 1-2-1977).
Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977).
Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977).
Clauses (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid. (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

An appeal lies under section 104 only from the orders listed in this rule. These include an order under Order VII, rule 10 returning a plaint, unless the procedure in rule 10A was followed. They include orders under Order IX rules 9 and 13 rejecting applications to set aside dismissal or an ex parte decree, orders on sale under Order XXI rules 72 and 92, and orders under Order XXII rules 9 and 10. Others are orders under Order XXXIX rules 1, 2, 2A, 4 and 10, orders refusing re-admission or re-hearing of an appeal, and an order granting review under Order XLVII, rule 4. The 1976 amendment omitted several clauses and added some.

Order XLIII: Appeals From Orders