Bench against the order of the Trial Judge
although s. 104 prevents a second appeal against
miscellaneous orders under order 43 Rule 1 and
permits ... other orders:-
(a) to (f) annulled;
(ff) an order under section 35-A
(g) an order under section 95 ;
(h) an order under
expressly authorizes a
forum of appeal against orders falling under
various clauses of Order 43 Rule 1 to a Larger
Bench of a High Court ... lying to a Division Bench from
an appellate order of the Trial Judge passed under Order
43 Rule 1 is wholly foreign to the scope
expressly authorizes a
forum of appeal against orders falling under
various clauses of Order 43 Rule 1 to a Larger
Bench of a High Court ... lying to a Division Bench from
an appellate order of the Trial Judge passed under Order
43 Rule 1 is wholly foreign to the scope
Section 43 in Presidency Small Cause Courts Act, 1882
43. Order for possession.
- If the occupant does not appear at the time appointed and show
Section 43 in The Guardians And Wards Act, 1890
43. Orders for regulating conduct or proceedings of guardians, and enforcement of those orders
orders were appealable, was well settled. Thisdepended solely on finding out whether the order was one ofthose falling within Section 104 and Order 43 Rule ... observed : - 'THEimpugned order is also not one of those orders againstwhich an appeal lies under the provisions of Order 43 Rule 1of the Code
Whether an order dismissing an application under Order 9, Rule 9, Civil
P. C. is appealable under Order 43, Rule 1 (c), Civil ... order to set aside the dismissal, it is an application under Order 9, Rule 9, and an order passed on it is also under Order
appeal would lie from such orders passed by, inter
alia, a Commercial Division that are specifically enumerated
under Order 43 of the Code of Civil ... against any order passed by, inter alia, a Commercial
Division, which finds mention in the list of orders specified
in Order 43, CPC and Section
been uniformly held in Allahabad that the provisions of Order 47 Rule 7 control Order 43, Rule 1, that an appeal can only be entertained ... appeal, since the ambit of an appeal, under Order 47, Rule 7 read with Order 43, Rule 1 is a limited one. To a like
take note of relevant provision of CPC . Order 39 Rule 3 and 3A CPC and Order 43 Rule (1) (r) are quoted as under ... Order 39 CPC in the year 1976. Insofar as maintainability of appeal against ex-parte injunction order under Order 43 Rule
