Give ten examples of cases where an appeal will lie against the orders passed by civil courts?
Question: Give ten examples of cases where an appeal will lie against the orders passed by civil courts? [WB J.S. 1996] Find the answer to the mains question only on Legal Bites. [Give ten examples of cases where an appeal will lie against the orders passed by civil courts?] Answer As a general rule, a decree is appellable… Read More »
Question: Give ten examples of cases where an appeal will lie against the orders passed by civil courts? [WB J.S. 1996] Find the answer to the mains question only on Legal Bites. [Give ten examples of cases where an appeal will lie against the orders passed by civil courts?] Answer As a general rule, a decree is appellable and an order is not appealable. But Section 104 (Orders from which appeal lies) and Order 43 (Appeals from Orders) of CPC provide a list of appealable orders. According...
Question: Give ten examples of cases where an appeal will lie against the orders passed by civil courts? [WB J.S. 1996]
Find the answer to the mains question only on Legal Bites. [Give ten examples of cases where an appeal will lie against the orders passed by civil courts?]
Answer
As a general rule, a decree is appellable and an order is not appealable. But Section 104 (Orders from which appeal lies) and Order 43 (Appeals from Orders) of CPC provide a list of appealable orders.
According to Order 43 following are some important orders which are appealable
- An order passed under Rule 4 of Order XLVII(47) granting an application for review.
- An order passed under Rule 5 or 7 of Order 33 (suits by indigent persons) rejecting an application for permission to sue as an indigent person,
- Orders passed in interpleader suits under Rule 3, Rule 4, or Rule 6 of Order XXXV (Interpleader),
- An order passed under Rule 9 of Order XXII (Death, Marriage, and insolvency of parties) refusing to set aside the abatement or dismissal of a suit,
- An order passed under Rule 10 of Order XXII (Death, Marriage, and insolvency of parties) giving or refusing to give leave.
- An order passed under Rule 1, Rule 2A, Rule 4, or Rule 10 of Order 39 (Temporary Injunctions and Interlocutory Orders).
- An order passed under Rule 9 of Order 9 (Appearance of parties and consequence of non-appearance) rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit,
- An order passed under Rule 13 of Order 9 rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte.
- An order passed under Rules 21 of Order XI.
- An order passed under Rule 10 of Order 7 returning a plaint to be presented to the proper court except where the procedure specified in Rule 10A of the Order 7 has been followed.
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