Section 104 enumerates the orders from which the appeal
lies. Order XLIII provides for “appeals from order”. Order
XLIII Rule 1 (c) & (d) which ... 1) Whether an appeal lies under Order 43,
Rule 1 (c), rejecting/dismissing for default an
application under Order 17, Rule 2, read with
Order
:-
(1) Shobha Dinesh Supare and Anr. Vs. Dinesh
Namdeorao Supare17
17 1993 (1) Mh. L.J 910
17/36
AOST-36523-17+.doc
( 2) Robert ... order under rule 1, rule 2, [rule 2-A ] rule
4 or rule 10 of Order XXXIX;
(s) an order under rule 1 or rule
Order XLIII (1) providing appeal against an order recording or refusing to record an agreement, compromise or satisfaction has been deleted and Order XLIII Rule ... appeal, by virtue of the provisions of Sub-rule (2) of Order XLIII Rule 1 -A, it would be open to a party to contest
order passed by the court in exercise of its original jurisdiction, then the order would certainly be an appealable order because Order XLIII, Rule 1 ... orders, provides inter alia that any order made under rules, from which an appeal is expressly allowed by rules, is appealable. Order XLIII, Rule 1
created over the provisions of Order
XLIII CPC , as provided in proviso to Section 13(1) of
the Commercial Courts Act.
Filing of Appeal under ... order. The Appellate Court,
however, may or may not entertain appeal against
the order or interlocutory order, in view of proviso to
Section 13(1
permission under Order
XLIII Rule 2. The court below lost sight of the entire fact and the object
with which Order XLIII was introduced ... notice has been ordered on the Government Pleader in
terms of Rule 6 of Order XLIII.
28. The mandatory rules of Procedure have not been
passing an order under Order XXXVIII Rule 6(2) of the
Code. On a perusal of Order XLIII Rule 1(q) of the Code ... decree, as
provided under Rule 1A of Order XLIII of the Code. For example, under Order
XLIII Rule 1(c), an order passed under Order
provision of Order XXXIX Rule 1 can also be exercised by
appellate court. An order passed under Order XXXIX Rule 1 and 2 is
appealable ... order under rule 1, rule 2 [rule 2A], rule 4 or
rule 10 of Order XXXIX;
*****"
9. A perusal of Order XLIII Rule 1
order under Rule 1, Rule 2, Rule 2-A, Rule 4 or Rule 10 of Order XXXIX;
(s) an order under Rule 1 or Rule ... provisions under Order XXXIX Rule 1 CPC and the said order being referable to sub-rule (r) under Rule 1 of Order XLIII, the same
able orders mentioned therein are orders made under the rules from which an appeal is expressly allowed by the rules. Order XLIII, rule 1 states ... Order XLIII, Rule 1(w) must be read subject to Order XLVII, Rule 7, that every contravention of Order XLVII, Rule 1, cannot furnish
