|
Appeals 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 pane
**(* * * * *)
(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 persons:]
***(* * * * *)
(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 4[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 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.
*Ins. by Act No. 104 of 1976 (w.e.f. 1-2-2024).
**Clauses (b), (e), (g) and (h) omitted by Act No. 104 of 1976 (w.e.f. 1-2-2024).
***Clauses (m) (o) (v) omitted by Act No. 104 of 1976 (w.e.f. 1-2-2024).
****Ins. by Act No. 104 of 1976 (w.e.f. 1-2-2024).
***** Clauses (m) (o) (v) omitted by Act No. 104 of 1976 (w.e.f. 1-2-2024).
HIGH COURT AMENDMENTS
Allahabad.-In Order XLIII, in rule 1, omit clauses (g), (i) and (o).
[Vide Notification No. 43/VII-d-29, dated 1st June, 1957.]
Andhra Pradesh-In Order XLIII, in rule 1,-
(i) after clause (i) insert the following clause, namely:-
"(ii) an order under rule 106 of Order XXI;"
[Vide Notification No. P Dis. 229/56, dated 2nd April, 1956.]
(ii) in clause (r), after the words and figure "rule 2", insert the words and figures "rule 3A, rule 3B". (w.e.f. 12-7-2023)
Bombay.-In Order XLIII, in rule 1,-
(i) in clause (r), for the words and figures "or rule 10", substitute the words and figures v "rule 10 and rule 11"; (w.e.f. 1-11-2023)
(ii) omit clause (w).
[Vide Notification No. 1646, dated 9th March, 1926.]
Calcutta.-In Order XLIII, in rule 1, after clause (i), insert the following clause, namely:-
"(i) (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."
[Vide Notification No. 3516-G, dated 3rd February, 1933.]
Gauhati.-Same as in Calcutta.
Gujarat-Same as in Bombay (ii).
Kerala.-In Order XLIII, in rule 1, same as in Madras (b). (9-6-2024)
Madras.-In Order XLIII, in rule 1,-
(a) after clause (i) insert the following clause, namely:-
"(ii) an order under rule 106 of Order XXI." (w.e.f. 19-5-2024)
(b) in clause (s), at the end, insert the words "except an order under the proviso to sub-rule (2) of rule 4."
[Vide P Dis. No. 60 of 1933.]
Patna.-In Order XLIII, in rule 1, after clause (i), insert the following clause, namely:-
"(ii) an Order in garnishee proceedings other than an order referred to in rule 63 H (1) of Order XXI." (w.e.f. 7-1-2024)
|