Potpourri

Quick Referencer for Judicial Service

Give ten examples of cases where an appeal will lie against the orders passed by civil courts? West Bengal Judicial Service Special Exam. 1996

Ans: As a general rule a decree is appellable and an order is not appellable. But Section 104 (Orders from which appeal lies) and Order 43 (Appeals from Orders) of C.P.C. provide a list of orders which are appellable

According to Order 43 following are some important orders which are appellable—

(i)      An order passed under Rule 4 of Order XLVII(47) granting an application for review.

(ii)    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.

(iii)   Orders passed in interpleader suits under Rule 3, Rule 4 or Rule 6 of Order XXXV (Interpleader).

(iv)   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.

(v)     An order passed under Rule 10 of Order XXII (Death, Marriage and insolvency of parties) giving or refusing to give leave.

(vi)   An order passed under Rule 1, Rule 2A, Rule 4 or Rule 10 of Order 39 (Temporary Injunctions and Interlocutory Orders).

(vii)  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.

(viii) 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.

(ix)   An order passed under Rules 21 of Order XI.

(x)     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.

Kishor Prasad

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