CPC - Order XLIII - Rule 1. Appeal from orders

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An appeal shall be 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 ³¹[except where the procedure specified in rule 10 A of Order VII has been followed];

    ³²[***]

    (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;

    ³²[***]

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

    ³²[***]

    (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;

    ³¹[(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;

    (1) an order under rule 10 of Order XXII giving or refusing to give leave;

    ³³[***]

    (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;

    ³¹[(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent person;]

    ³³[***]

    (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  [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 ³¹[or rule 23A] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate court;

    ³³[***]

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

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