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 1[except where the procedure specified in rule 10A of Order VII has been followed]; 2***** (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; 2***** (f) an order under rule 21 of Order XI; 2***** (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 (l) 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 ' 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 rehear, 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; 2***** (w) an order under rule 4 of Order XLVII granting an application for review. 1. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977). 2. Cs. (b), (e), (g) (h) (m), (o) and (v) omitted by s. 89, bid, (w.e.f. 1-2-1977).
Chapter ORDER XLIII — Appeals from Orders
Section Order XLIII Rule 1
Appeal from orders
Printed from Law on Tips • The Code of Civil Procedure, 1908