holds that an order passed by the Appellate
Court under Order XXXIX Rules 1 and 2 is appealable under
Order XLIII Rule ... order of interim injunction passed in the Regular Civil
Appeal filed under Order XLI of the CPC is not appealable under
Order XLIII Rule
under Article 227 of the Constitution of India are not maintainable, in view of the fact that against the impugned order, appeal under Order XLIII ... petition under Article 227 of the Constitution, which is filed under a mistaken notion can be converted into an appeal under Order XLIII Rule
Appeal Under Order Xliii Rule 1 Of The ... vs Prakash Chandra Routray & Ors on 24 December, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb ... ORISSA AT CUTTACK
FAO No. 442 of 2022
(An appeal under Order XLIII Rule 1 of the Code of Civil Procedure ,
1908.)
Benudhar Routray
Appeal Under Order Xliii Rule 1 Of The ... vs Prakash Chandra Routray & Ors on 24 December, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb ... ORISSA AT CUTTACK
FAO No. 442 of 2022
(An appeal under Order XLIII Rule 1 of the Code of Civil Procedure ,
1908.)
Benudhar Routray
Such order would be an order under Rule 2A
and would be appealable order under Order 43,
Rule 1(r). But no appeal has been ... order made
under Order XXXIX Rule 2-A of CPC . As such, the appeal would
lie against the said order under Order XLIII Rule
arguments addressed in the batch of appeals relate to the scope of a civil miscellaneous appeal under Order XLIII, Rule ... Order XLI, Rule 23, Order XLIII, Rule 1(u) and Sections 104 and 105. Order XLIII concerns itself with appeals from orders and Rule
Section 104 enumerates the orders from which the appeal
lies. Order XLIII provides for “appeals from order”. Order
XLIII Rule 1 (c) & (d) which ... Appeal from orders. An appeal shall lie
from following orders under the provisions of
Section 104 , namely:
(c) an order under rule 9 of Order
therefore, the same was not appealable under
Order XLIII Rule 1(q). Under the aforementioned provision, orders under Order
XXXVIII Rules ... provided under Rule 1A of Order XLIII of the Code. For example, under Order
XLIII Rule 1(c), an order passed under Order IX Rule
where main appeal was directed against interlocutory order and thus it
was itself an appeal under Order XLIII Rule 1(r) read with Section ... Appeal from orders.- An appeal shall lie from the
following orders under the provisions of section 104 , namely :-
*****
*****
(r) an order under rule 1, rule
order refusing ad-interim ex parte Injunction and issuing notice to the defendant under Rule 3, Order XXXIX, is appealable under Order XLIII, Rule ... that an order declining to grant injunction and issuing notices to defendants under Rule 3. Order XXXIX. is not appealable under Order XLIII, Rule
