Indian Laws in English

The Code Of Civil Procedure 1908
Order 43 :
Appeals From Orders :
Rule 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 1.[except where the procedure specified in rule 10A of Order VII has been followed];
(b) 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 [*]
(f) an order under rule 21 of Order XI;
(g) 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 (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) 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 persons:]
(o) 2.[*]
(p) orders in interpleader-suits under rule, rule 4 or rule 6 or Order XXXV;
(q) an order under rule 2, rule 3 or rule 6 of Order XXXVIII;
(r) an order under rule 1, rule 2 1.[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 1.[or rule 23A] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court;
(v) 2.[*]
(w) an order under rule 4 of Order XLVII granting an application for review.
State Amendment :
High Court Amendments-[Allahabad] :
In Order 43, rule 1:-
(i) Delete clauses (g), (i) and (o).-(1-6-1957).
(ii) Add in clause (r), the words "Rule 2-A" between the words "Rule 2" and "Rule 4".-(19-4-1958).
[Andhra Pradesh] :
(i) Same as those of Madras item (b), (c) and (d).
(ii) Insert the following as rule 1, clause (jjj):
"(jjj) an order under rule 106 of Order XXI".-(19-4-1956).
(iii) Substitute the following as rule 1, clause (r):
"(r) an order under rule 1, rule 2, rule 3-A, rule 3-B, rule 4 or rule 10 of Order XXXIX."-(12-7-1962).
[Bombay] :
In rule 1, for the existing clause (r), substitute the following as:
"(r) an order under rule 1, rule 2, rule 4, rule 10 or rule 11 of Order XXXIX."-(1-10-1983).
[Calcutta] :
Insert the following after clause (i), rule 1, Order 43:
"(ii) an order under rule 57 of Order 21, directing that an attachment shall cease or directing or omitting to direct that an attachment shall continue."
[Delhi] :
Same as that of Punjab.
[Gauhati] :
Same as that of Calcutta.
[Himachal Pradesh] :
Same as that of Punjab.
[Kerala] :
Clauses (jj), (nn) and (s)-Same as those of Madras.-(9-6-1959).
[Madras] :
(a) Add the following after rule 1(i):
"(ii) An order under rule 106 of Order XXI."
(b) Add the following after rule 1 (j):
"(jj) An order rejecting an application made under sub-rule (1) of rule 105 of Order 21 provided an order on the main application referred to in sub-rule (1) of rule 104 of that Order is appealable."
(c) Add the following after rule 1(n):
"(nn) An order under rule 5 or rule 7 of Order 33 rejecting an application for permission to sue as a pauper on the ground specified in clause (d) or clause (d-i) of rule 5 aforesaid."
(d) Substitute the following for clause (s) of rule 1:
"(s) An order under rule 1 or rule 4 of Order 40, except an order under the proviso to sub-rule (2) of rule 4."
[Patna] :
Add the following after clause (i), rule 1, Order 43:
"(ii) an order in garnishee proceedings other than order referred to in rule 63-H (1) of Order 21."-(7-1-1936).
[Punjab] :
In clause (u), after the word and figures "rule 23", insert the words and figures "or rule 23-A".-(3-8-1928).
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1. Inserted by Act 104 of 1976, section 89 (w.e.f. 1-2-1977).
2. Clauses (b), (e), (g) (h) (m), (o)and (v) omitted by Act 104 of 1976, section 89, (w.e.f.1-2-1977).      

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