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Order 43, rule 1 of Civil Procedure Rules : Appeals from Orders

    

(1) An appeal shall lie as of right from the following Orders and rules under the provisions of section 75(1)(h) of the Act—
(a) Order 1 (parties to suits);
(b) Order 2 (pleadings generally);
(c) Order 3 (frame and institution of suit);
(d) Order 4, rule 9 (return of plaint);
(e) Order 7, rule 12 (exclusion of counterclaim);
(f) Order 8 (amendment of pleadings);
(g) Order 10, rule 11 (setting aside judgment in default of appearance).
(h) Order 12, rule 7 (setting aside judgment or dismissal for non-attendance);
(i) Order 15, rules 10, 12 and 18 (sanctions against witnesses and parties in certain cases);
(j) Order 19 (affidavits);
(k) Order 22, rules 25, 57, 61(3) and 73 (orders in execution);
(l) Order 23, rule 7 (trial of claim of third person in attachment of debts );
(m) Order 24, rules 5, 6 and 7 (legal representatives);
(n) Order 25, rule 5 (compromise of a suit);
(o) Order 26, rules 1 and 5(2) (security for costs);
(p) Order 27, rules 3 and 10 (payment into court and tender);
(q) Order 28, rule 4 (orders in proceedings against the Government);
(r) Order 34 (interpleader);
(s) Order 36, rules 5, 7 and 10 (summary procedure);
(t) Order 39, rules 2, 4 and 6 (furnishing security);
(u) Order 40, rules 1, 2, 3,7 and 11 (temporary injunctions);
(v) Order 41, rules 1 and 4 (receivers);
(w) Order 42, rules 3, 14, 21, 23 and 35 (appeals);
(x) Order 45, rule 3 (application for review);
(y) Order 50, rule 6 (enlargement of time); (z) Order 52, rules 4, 5, 6 and 7 (advocates); (aa) Order 53 (judicial review orders).
(2) An appeal shall lie with the leave of the court from any other order made under these Rules.
(3) An applications for leave to appeal under section 75 of the Act shall in the first instance be made to the court making the order sought to be appealed from, either orally at the time when the order is made, or within fourteen days from the date of such order.
(4) Save where otherwise expressly provided in this rule, “order” includes both an order granting the relief applied for and an order refusing such relief.

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Disclaimer: This document is not to be taken as legal advise.

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