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...dwelling on the various facets of the question at issue:(1) It was contended that the provisions of Section 104 read with Order 43 Rule 1 of the Code of Civil Procedure...refusing to appoint Receiver and to grant injunction) falls squarely under clauses (r) and (s) of Order 43 Rule 1 of the Code of 1908 and is therefore appealable to a larger Bench...reason why Order 43 Rule 1 should not apply to any order passed by the trial Judge under any of the clauses of Order 43 Rule 1 read with Section 104.(2...
...decree is based was not lawful.”8. Earlier under Order 43, Rule 1(m), an appeal was maintainable against an order under Rule 3 of Order 23 recording or refusing...taken away, a new Rule 1-A has been added to Order 43 which is as follows:“1-A. Right to challenge non-appealable orders in appeal against decree.— (1) Where any...remedy available was by filing the appeal under Order 43, Rule 1(m). If the order recording the compromise was set aside, there was no necessity or occasion to file an appeal against the decree...
...43 Rule 1(u) of the Code of Civil Procedure, 1908 (for short “the Code”). The High Court, by its order dated 26-9-2008 (2008) 4 LW 1008 (Mad), held that the civil miscellaneous appeal was not...manner of doubt that such order has been passed by the appellate court in exercise of its power under Order 41 Rule 23-A of the Code.10. Order 43 of the Code provides for...appeals from orders. Clause (u) of Rule 1 Order 43 was amended consequent upon insertion of Rule 23-A in Order 41 w.e.f 1-2-1977. It reads as under:“1. Appeals from...
...appellant submits that this is an order of remand. Therefore, it is appealable under Order 43 Rule 1(u) of the Code of Civil Procedure (CPC).2. Section 104 read with...Order 43 CPC provides for appeal from orders. Sub-section (2) of section 104 prescribes that no appeal shall lie from any order passed in appeal under...section 104. Whereas Order 43 provides that an appeal shall lie from the orders described under Order 43 Rule 1 under the provisions of section 104. An appeal u...
...various courts in India on this aspect. In the Civil Procedure Codes of 1877 and 1882 the equivalent to Section 104 read with Order 43 Rule 1 was Section 588. It reads as follows...law. Section 43 reads as under:“43. Save as otherwise expressly provided in this Act, every order made by the Controller or an order passed on appeal under this...(i) under Section 43, regulating the conduct or proceedings of a guardian or settling a matter in difference between joint guardians, or enforcing the order; or...
...He. The learned counsel for the appellant contends that the appeal; lies under Order 43, Rule 1(k) C. P. Code, which permits an appeal against an order under.... continuation of a suit and therefore the word 'suit' in Order 43, Rule l(k), C. P. Code, includes an appeal. Reliance is also placed on Order 22, Rule 11...includes an appeal. There is no such provision in Order 43, C. P. Code. The word 'suit' occurring in Order 43, Rule l(k), C.P. Code, therefore, does...
...read with Order 43, Rule 1(r), the above distinction was not brought to the notice of this Court and that, therefore, the Full Bench judgment of the High Court still holds the field. We find no force...Section 104(1) of the Code read with Order 43, Rule 1. In respect of interim injunction, it is covered by Order 43, Rule 1(r). In this case, the order of status quo was passed in an application filed...under Order 39, Rule 1 of the Code. Therefore, it is not in dispute that it is an order passed by the civil court under Order 39, Rule 1 appealable under Order 43, Rule 1(r) of the Code. Sub-section (2...
...Dr. AR. Lakshmanan, J.— These two appeals were filed against the final judgment/order dated 6-3-1997 passed by the High Court of Kerala in CMAs Nos. 208 of 1994 and 43 of 1995...pass a decree accordingly.7. The 1st respondent challenged this order in civil miscellaneous appeals before the High Court filed under Order 43 Rule 1 clause (u) of the Code...conclusions of facts. No substantial question of law arises therefrom. The High Court has grossly erred in verifying the facts.4. The appeal under Order 43 Rule...
...compromise decree has a right to file an application before the Court which granted the decree or an appeal in terms of Order 43 Rule 1A of the Civil Procedure Code, 1908 (for short, ‘the CPC’). It was held...Contract Act. Even Rule 1(m) of Order 43 has been deleted under which an appeal was maintainable against an order recording a compromise. As such a party challenging a compromise can file a petition under...proviso to Rule 3 of Order 23, or an appeal under Section 96(1) of the Code, in which he can now question the validity of the compromise in view of Rule 1-A of Order 43 of the Code...
...Original Petition. The Registry noticed a defect that the order is appealable under Rule 1(t) of Order 43 of the Code of Civil Procedure.2. There is no dispute...not a speaking order and therefore, an appeal under Rule 1(t) of Order 43 may not be a proper remedy.3. The order passed by the court below reads as follows.... is dismissed as devoid of merit.”4. Rule 1(t) of Order 43 provides for an appeal against an order of refusal under Rule 119 of Order...
.... Thus it has come up today. The appellant's counsel contended that three remedies are open to the appellant under the CPC, namely, right of appeal under Section 96 or appeal under Order 43 read with...approaching the High Court under Article 226. It is true that the impugned order is not an appealable one either under Section 96 or under Order 43 Rule 1 read with Section 104 CPC. But still a...Order1. Leave granted.2. The respondent has filed a suit for specific performance and after the evidence of the appellant was closed on 12-3-1991, the...
...under Order 43 Rule 1(u) of the Code.10. By impugned judgment, the learned Single Judge allowed the appeal, set aside the judgment of the first Appellate Court and dismissed...done this for the simple reason that it was only examining the legality of the remand order in an appeal filed under Order 43 Rule 1(u) of the Code. Indeed, once the High Court came to a conclusion...jurisdiction to decide the appeal on merits. Moreover, Order 43 Rule 1(u) confers limited power on the High Court to examine only the legality and correctness of the remand order of the first Appellate...
...order refusing to set aside abatement of an appeal is not one of the orders against which appeal is provided under Order 43 of the Civil Procedure Code or any other provisions...of law. Referring to Clause (k) of Rule 1 of Order 43 of the Civil Procedure Code, Shri Sanghi contends that the right of appeal under this clause is against an order made...(k) of Rule 1 of Order 43 of the Civil Procedure Code applies to orders passed in appeal as well under Order 22...
...impugned order dated 1.8.2007 made in M.A No. 4/07, at Annexure-“E”.2. Keeping in view that the Learned District Judge has dismissed the appeal filed under Order 43 Rule...:“Whether the Learned District judge is justified in dismissing the appeal filed under Section 104(1)read with Order 43 Rule 1(r) of CPC, on the ground that it is not...petitioner filed an appeal before the Appellate Court (District Court) under Sec. 104(1) read with Order 43 Rule 1(r) CPC, challenging the order made on an application filed...
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15. An order of refusal to re-admit the appeal passed by the Appellate Court under Order 41 Rule 19 of the Code is made expressly appealable under Order 43 Rule 1(t) of the Code to t...appeal in the High Court against the order dated 29.06.2016 under Order 43 Rule 1 (t) of the Code.
16. The appellant-Authority instead of filing the appeal under Order 43 Rul...into the appeal under Order 43 Rule 1(t) of the Code or permitted the appellant-Authority to withdraw the writ petition with a liberty to file an appeal under Order 43 Rule 1(t) of the Code, as the...
...the party concerned. This Court further held that there is no inconsistency between Section 104 read with Order 43 Rule 1 CPC and the appeals under the Letters Patent. The Letters Patent do not exclude...or override the application of Section 104 read with Order 43 Rule 1 CPC to internal appeals within the High Court. Even if it is assumed that Order 43 Rule 1 does not apply to letters patent appeals...yet the principles governing those provisions would apply by a process of analogy. A perusal of Section 104 read with Rule 1 of Order 43 CPC shows that while an appeal is provided against an order...
...Order 39, Section 151 of CPC was moved and as against this order, Civil Miscellaneous Appeal under Order 43, Rule 1 CPC would He.
3. Sri Sriniv..., an appeal is maintainable under Order 43, Rule 1 CPC, inasmuch as such orders are appealable orders under Order 43 of the CPC. In view of the same, there cannot be any...the order made in IA No. 2582 of 2003 in A.S. No. 471 of 2003 on the file of the m Additional Chief Judge, City Civil Court, Hyderabad.
2. The application was moved by the respondent...
...:”11. Order 43 Rule 1 says that:“1. An appeal shall lie from the following orders under the provisions of Section 104, namely...indicated in Order 43 Rule 1 of the Code. The choice is for the party affected by the order either to move the appellate court or to approach the same court which passed the ex parte order for any relief...order passed under Rules 1, 2, 2-A, 4 or 10 of Order 39 of the Code in terms of Order 43 Rule 1 of the Code. He cannot approach the appellate or revisional court during the pendency of the...
...Section 96(3) of the Code does not put an absolute bar as would be evident from a bare reading of Order 43, Rule 1-A of the Code, which deals with...order to appreciate the rival submissions, it is necessary to take note of a few provisions. Section 96(3), and Order 43, Rule 1-A read as follows:“96. Appeal...Order 43, Rule 1(m), an appeal was maintainable against an order under Rule 3 of Order 23 recording or refusing to record an agreement, compromise or satisfac...
..., C.P.C are applicable only to regular appeals and not to miscellaneous appeals. This view of the learned Addl. District Judge has been challenged.2. Order 43, Rules 2 C.P.C...evidence at a late stage. In the present case, the stage for producing documents has not passed. As such Rule 27 cannot be made applicable to appeals under order 43. There is no illegality in the...Mohini Kapur, J.:— The learned Addl. District Judge, Beawar has refused to admit documents in a miscellaneous appeal deciding that the provisions of order 41 Rule 27...