ORDER XLIII – APPEALS FROM ORDERS 1. Appeal from orders. (all links automatically open in new tabs) An appeal shall lie 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 properKEEP READING
1A. Right to challenge non-appealable orders in appeal against decree. (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 suchKEEP READING
2. Procedure. The rules of Order XLI shall apply, so far as may be, to appeals from orders. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
ORDER XLIV – APPEALS BY INDIGENT PERSONS 1. Who may appeal as an indigent person. Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed toKEEP READING
2. Grant of time for payment of court-fee. Where an application is rejected under rule 1, the Court may, while rejecting the application, allow the applicant to pay the requisite Court-fee, within such time as may be fixed by the Court or extended by it from time to time; andKEEP READING
3. Inquiry as to whether applicant is an indigent person. (1) Where an applicant, referred to in rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is preferred, no further inquiry in respect of the question whether or notKEEP READING
1. “Decree” defined. In this Order, unless there is something repugnant in the subject or context, the expression “decree” shall include a final order. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
2. Application to Court whose complained of. (1) Whoever desires to appeal the Supreme Court shall apply by petition to the Court whose decree is complained of. (2) Every petition under sub-rule (1) shall be heard as expeditiously as possible and endeavour shall be made to conclude the disposal ofKEEP READING
3. Certificate as to value or fitness. (1) Every petition shall state the grounds of appeal and pray for a certificate- (i) that the case involves a substantial question of law of general importance, and (ii) that in the opinion of the Court the said question needs to be decidedKEEP READING
4. [Consolidation of suits.] Rep. by the Code of civil Procedure (Amendment) Act,1973 (49 of 1973) s. 4 (w.e.f. 1-2- 1977) Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
5. [Remission of dispute to Court of first instance.] Rep. by s. 4, ibid, (w.e.f. 1-2-1977) Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
6. Effect of refusal of certificate. Where such certificate is refused, the petition shall be dismissed. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
7. Security and deposit required on grant of certificate. (1) Where the certificate is granted, the applicant shall, within ninety days or such further period, not exceeding sixty days, as the Court may upon cause shown allow; from the date of the decree complained of, or within six weeks fromKEEP READING
8. Admission of appeal and procedure thereon. Where such security has been furnished and deposit made to the satisfaction of the Court, the Court shall- (a) declare the appeal admitted, (b) give notice thereof to the respondent, (c) transmit to the Supreme Court under the seal of the Court aKEEP READING
9. Revocation of acceptance of security. At any time before the admission of the appeal the Court may, upon cause shown, revoke the acceptance of any such security, and make further directions thereon. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
9A. Power to dispense with notices in case of deceased parties. Nothing in these rules requiring any notice to be served on or given to an opposite party or respondent shall be deemed to require any notice to be served on or given to the legal representative of any deceasedKEEP READING
