Rule 1 Order XLIII of Code of Civil Procedure 1908 "Appeal from orders"
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 except where the procedure specified in rule 10 A 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 parte;
(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;
(1) 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 person;
(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 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.
Rule 1A Order XLIII of Code of Civil Procedure 1908 "Right to challenge non-appealable orders in appeal against decrees"
(1) Where any order is made under this Code against a
party and there upon any Judgment is pronounced against such
party and a decree is drawn up, such party may, in an appeal
against the decree, contend that such order should not have
been made and the Judgment should not have been pronounced.
(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.
Rule 2 Order XLIII of Code of Civil Procedure 1908 "Procedure"
The rules of Order XLI shall apply, so far as may be, to appeals from orders,
Form of appeal, What to accompany memorandum? What are the Grounds which may be taken in appeal? What is Rejection or amendment of memorandums? How to file Application for condonation of delay? What is the meaning of One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all? Rule 1, 2, 3 and 4 of Order XLI of Code of Civil Procedure 1908
What is Stay by Appellate Court? What is Security in case of order for execution of decree appealed from? What is Exercise of powers in appeal from order made in execution of decree? Rule 5, 6, 7 and 8 of Order XLI of Code of Civil Procedure 1908
What is Registry of memorandum of appeals? Do Appellate Court may require appellant to furnish security for costs? What is the Power to dismiss appeal without sending notice to Lower Courts? How to fix Day for hearing appeal? Should Appellate Court to give notice to Court whose decree applied from? How is Publication and service of notice of day for hearing appeal? What are the Contents of notice? Rule 9, 10, 11, 12, 13, 14 and 15 of Order XLI of Code of Civil Procedure 1908
What is Right to begin? What is the meaning of Dismissal of appeal for appellants’ default? When Dismissal of and where notice not served in consequence of appellant’s failure to deposit costs? How to do Re-admission of appeal dismissed for default? What is the Power to adjourn hearing and direct persons appearing interested to be made respondents? How to do Re-hearing on application of respondent against whom ex parte decree made? Can Upon hearing respondent may object to decree as if he had preferred a separate appeal? Rule 16, 17, 18, 19, 20, 21 and 22 of Order XLI of Code of Civil Procedure 1908
What is Remand of case by Appellate Court? What is Remand in other Cases? Where evidence on record sufficient Appellate Court may determine case finally? Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from? Should Findings and evidence to be put on record? What are the Objections to finding? Should Order of remand to mention date of next hearing? Can Production of additional evidence in Appellate Court allowed? What is the Mode of taking additional evidence? What are the Points to be defined and recorded? Rule 23, 24, 25, 26, 27, 28 and 29 of Order XLI of Code of Civil Procedure 1908
Judgment when and where pronounced? What are Contents, date and signature of Judgment? What Judgment may direct? What is the Power of Court of Appeal? Is dissent to be recorded? Rule 30, 31, 32, 33 and 34 of Order XLI of Code of Civil Procedure 1908
What are Date and contents of decree? How many Copies of Judgment and decree to be furnished to parties? Should Certified copy of decree to be sent to Court whose decree appealed from? Rule 35, 36 and 37 of Order XLI of Code of Civil Procedure 1908
What is Procedure? What is the Power of Court to direct that the appeal be heard on the question formulated by it? What is Application of rule 14 of Order XLI? Rule 1, 2 and 3 of Order XLII of Code of Civil Procedure 1908
"Decree" defined, What is Application to Court whose decree complained of? What is Certificate as to value or fitness? What is the Effect of refusal of certificate? Are Security and deposit required on grant of certificate? What is Admission of appeal and procedure thereon? Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XLV of Code of Civil Procedure 1908
What is Revocation of acceptance of security? What is the Power to dispense with notices in case of deceased parties? What is the Power to order further security or payment? What is the Effect of failure to comply with order? Refund of balance deposit, Powers of Court pending appeal, Increase of security found inadequate, What is the Procedure to enforce orders of the Supreme Court? How to file Appeal from order relating to execution? Rule 9, 9A, 10, 11, 12, 13, 14, 15 and 16 of Order XLV of Code of Civil Procedure 1908
What is Reference of question to High Court? Court may pass decree contingent upon decision of High Court, Should Judgment of High Court to be transmitted and case disposed of accordingly? What is Costs of reference to High Court? What is Reference to high Court under proviso to section 113? What is the Power to alter, etc., decree, of Court making reference? What is the Power to refer to High Court questions as to jurisdiction in small causes? What is the Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XLVI of Code of Civil Procedure 1908
What is Application for review of judgment? To whom applications for review may be made? What is the Form of applications for review? When Application where rejected? How to file Application for review in Court consisting of two or more judges? Application where rejected? When Order of rejection not appealable? Objections to order granting application, Registry of application granted, and order for re-hearing, Bar of certain application? Rule 1, 2, 3, 4, 5, 6, 7, 8 and 9 of Order XLVII of Code of Civil Procedure 1908