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
Appeal from orders and Procedure Rule 1 and 2 of Order XLIII of Code of Civil Procedure 1908