CiteTEXT
...Order 39, Section 151 of CPC was moved and as against this order, Civil Miscellaneous Appeal under Order 43, Rule 1 CPC woul..., 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 th...43, Rule 1 CPC, after complying with all the necessary formalities, and liberty also is given to the petitioner to move appropriate applications in the said appeal.
8. It is...
...the Commissioner in view of Rule 41 of the Workmen's Compensation Rules, 1924 (in short the Rules of 1924). The appeal is also competent under Order 43, Rule 1...appeal lies to this Court under Order 43, Rule 1, C.P.C. against the order made by the Commissioner dismissing the application under Order 9, ...the Legislature in enacting the aforesaid provision was to prevent a party to file miscellaneous appeal under Order 43, Rule 1, CPC. Therefore, in my considered opinion in...
...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 a...aside the abatement of the suit as regards Plaintiff 1; there was neither a prayer made nor an order made by the learned Single Judge setting aside the abatement of the suit in its entirety, and...
...injunction and if this original petition is entertained and orders passed, that will prejudice the respondents, despite having resorted to the proper remedy under Order 43 Rule 1 CPC.
3.... Learned Counsel for the petitioners submitted that the petitioners may also be permitted to avail the appellate remedy under Order 43 Rule 1 CPC.
4. Accordingly, the original petition...V.G. Arun, J.:— The challenge in this original petition is against Ext.P6 order by which the trial court allowed I.A. No. 8143 of 2019 in O.S. No. 1448 of 2019 filed by the petitioner and...
...1. This is a revision by the plaintiffs under Section 115, CPC against the order by which their appeal under Order 43 Rule 1 (r), CPC chal...)
4. The short question which arises in the present revision is whether the final appellate order passed in appeal under Section 104 or Order 43 Rule 1, ...of any law etc.
10. The appellate order in an appeal under Section 104 or Order 43 Rule 1, CPC cannot by any stretch of imagination be included within ...
...Order 6 Rule 17 CPC has been allowed, whereby an appeal filed under section 96 CPC is permitted to be converted into a Miscellaneous Appeal under Order ...was filed seeking permission of the Court to convert the regular appeal under section 96 into a Miscellaneous Appeal under Order 43 Rule 1 CPC. This application has been...respondents/plaintiffs in filing the appeal under section 96 and, therefore, permitted them to amend the cause-title and convert it into an appeal under Order 43.In doing so, no error has been committed by the court b...
...N.K Jain, J.:— This appeal has been filed under Order 43 Rule 1(d) CPC against the order dated 4.2.1997 passed by Motor Accident Claims Tribunal, Hindaun City...the Motor Vehicles Act and no appeal in such matters lies under Order 43 Rule 1(d) CPC against an order passed by Tribunal on an application under ...authority had dismissed the application, no misc. appeal is maintainable under Order 43 Rule 1 CPC. It was further held that even the appeal under ...
...the authority and in case the authority had dismissed the application, no misc. appeal is maintainable under Order 43 Rule 1 CPC. It was further held that even the appeal...under Order 43 Rule 1 CPC was not maintainable.8. Yet in another judgment in the case of (2) Bharat...held that the provisions of Order 43 Rule 1 CPC were not applicable and appeal was not maintainable in the application dismissed under Order 9 ...
...required to be considered is Whether an appeal under Order 43 rule 1 CPC against an order passed under Order VII Rule 11 ...power under Order VI Rule 11 CPC, suit was dismissed. 5. There is no sub rule under Order 43 rule 1 CPC,...for preferring an appeal against the dismissal of the suit by invocation of power under Order VII Rule 1 CPC. That being so, remedy to the plaintiff was only by filing an appeal under ...
...1. All these LPAs, except LPA Nos. 394 and 396 of 2001 arise out of different orders passed by learned single Judge of this Court in proceedings under Order 43, Rule 1 of the ...single Judge under Order 43, Rule 1 of CPC assailing the order dated 20-7-2000 made in IA No. 207 of 2000 in OS No. 25 of 2000 by the senior Civil Judge, Gudivada...of this Court under Order 43, Rule 1 of CPC assailing the order made in IA No. 869 of 2000 in AS No. 161 of 2000 dated 13-2-2001 by the I Additional District Judge...
...interlocutory order of the Single Judge and, therefore, the view of the High Court is not correct in law. We find no force in the contention.4. Order 43 Rule 1 CPC provi...from the orders passed under Order 39 Rule 1 etc. as stated in sub-rule (r), which provides as under:“(r) an order under Rule 1, Rule 2, ...Rule 1(r) as provided in sub-section (1) of Section 104 by operation of sub-section (2) of Section 104, no further appeal shall lie from any order passed in appeal under this section. In Khimji case...
....2. Aggrieved, the plaintiffs preferred Miscellaneous Appeal No.67/2011 under Order 43 Rule 1 CPC, which came up for hearing before the Presiding Officer, FTC...Order 43 Rule 1 CPC against an order passed under Order VII Rule 11 CPC is maintainable?”4. Issue N..., suit was dismissed.5. There is no sub-rule under Order 43 Rule 1 CPC, which makes provision for preferring an appeal against the dismissal of t...
...Order 43 Rule 1(r) CPC against an order granting injunction.
3. The appeals from orders under the Code of Civil Procedure lie under two provisions, one covered by substantive p...of CPC being Section 104 and other being procedural part covered by Order 43 Rule 1. As per section 104(2) CPC, no appeal shall lie from any order passed in appeal under this section. Sub...orders.
4. In view of the specific language used in Section 104, the appeal lies only as per Section 104 and Order 43 Rule 1 CPC and against no order.
5. ...
...
1 of 2
the legal remedy is available under Order 43 Rule 1 CPC, wherein a specific provision has been made to prefer an ap...Court is of the considered view that as proper and equally effectived legal remedy is available under Order 43 Rule 1 CPC, which shall provide opportunity to the appellant to take all the pleas available...application under Order 39 Rules 1 & 2 read with Section
151 CPC was declined.
2. Learned counsel appearing for respondent Nos.1 to 13 mainly raised legal objection...
...legislative power of the competent authorities. Under section 104 read with Order 43, rule 1(w), CPC an order rejecting an application for review as well as an ...by section 104(1) read with Order 43, rule 1, CPC. Section 104(1), CPC provides that an appeal shall lie from the orders specified therein and save as ...: (1981) 4 SCC 8, the Supreme Court has held that Order 43, rule 1 does not affect nor is it inconsistent with the provisi...
...was dismissed on 14-4-1981.3. The respondent then filed an appeal under Order 43 Rule 1 CPC read with Section 104 challenging the correctness of the order dated 14-4-198...learned counsel. The Single Judge was exercising jurisdiction as an appellate court under Section 104(1) CPC. Sub-section (2) of Section 104 clearly states that no appeal shall lie from any order passed...Order1. The respondent had filed a suit for declaration of title and confirmation of possession and in the alternative for recovery of possession...
...to set aside the same, he filed an application under Order 9 Rule
13 CPC which came to be rejected by order dated 12.9.2011 against which
he filed Misc. Civil Appeal No. 30 of 2011 under Order 43 ...came to be dismissed by impugned order dated 5.12.2016 passed by
Additional Session Judge, Court No. 6, Shahjahanpur on the ground that
since the order was passed by a court of Small..., dismissal of this
petition is without prejudice to the right of the petitioner to file a revision
against the order passed by the trial court, if so advised.
Order Date :- 10.5.2017
Arvind
Neutral Citation No. - 2...
...Vineet Kothari, J.:— The appellant/plaintiff, Smt. Laxmi D/o Sh. Pridhviraj, has filed the present misc. appeal under Section 104 read with Order 43 Rule 1 CPC, 1908...- Smt. Laxmi v. Smt. Madhu, whereby the learned court below has rejected the application filed by the appellant/plaintiff under Order 39 Rule ...impugning the order dated 18.12.2014 passed by learned Addl. District Judge No. 4, Jodhpur Metro, Jodhpur, in Civil Misc. Application No. 229/2012...
...23-9-1999.4. Feeling aggrieved by the order of injunction, the Nagar Palika filed a miscellaneous appeal under Order 43 Rule 1 CPC as well as a civil revision applicatio...under Order 7 Rule 11, Civil Procedure Code, to reject the plaint, as according to it, the plaint was not disclosing any cause of action. However, the said application was rejected by the learned Judge on...under Section 115 of the Civil Procedure Code against the order rejecting the application filed under Order 7 Rule 11 of the Civil Procedure Code before the High Court. During the pendency of the...
...Order 18/04/2017 This civil misc. appeal under Order 43 Rule 1 CPC has been filed by the appellants against the impugned ...order 39 rule 1 & 2 cpc for permanent injunction has directed the respondents to properly maintain the high-tension line so that people living in the area were not to suffer.
No one...has appeared on behalf of the appellants.
Heard the counsel for the respondents and perused the impugned order dated 17.08.2013 passed by the court below.
The...