ORDER 43, RULE 1-3

ORDER XLIII :::: APPEALS FROM ORDERS

Rule 1. Appeals from Orders.

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 proper Court;
• (b) an order under rule 10 of Order VIII pronouncing judgment against a party;
• (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;
• (e) an order under rule 4 of Order X pronouncing judgment against a party;
• (f) an order under rule 21 of Order XI;
• (g) an order under rule 10 of Order XVI for the attachment of property;
• (h) an order under rule 20 of Order XVI pronouncing judgment against a party;
• (i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an endorsement;
• [(ii) an order under rule 62 or rule 103 of Order XXI relating to the right, title or interest of the claimant or objector in attached property;]
• (j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;
• (k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;
• (l) an order under rule 10 of Order XXII giving or refusing to give leave;
• (m) an order under rule 3 of Order XXIII recording or refusing to record an agreement, compromise or satisfaction;
• (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;
• (o) an order 2 [under rule 2, rule 4 or rule 7] of Order XXXIV refusing to extend the time for the payment of mortgage­money;
• (p) an order 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 2, 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 readmit, or under rule 21 of Order XLI to re­hear an, appeal;
• (u) an order under rule 23 of Order XLI remanding a case where an appeal would lie from the decree of the Appellate Court;
• (v) an order made by any Court other than a High Court refusing the grant of a certificate under rule 6 of Order XLV;
• (w) an order under rule 4 of Order XLVII granting an application for review.

Rule 2. Procedure.

The rules of Order XLI shall apply, so far as may be, to appeals from orders.

Rule 3. Notice before presentation of appeal.

(1) Where an appeal against an order is preferred during the pendency of a suit, the appellant shall, before presenting the appeal, give notice of such appeal to the respondent or his advocate by delivering a copy of the memorandum and grounds of appeal alongwith a copy of the order appealed against [either personally or through registered post acknowledgement due and the postal or other receipt shall be filed with the memorandum of appeal for the record of the appellate Court.]

(2) On receipt of notice referred to in sub-rule (1), the respondent may, with the permission of the Court, appear before it and contest the appeal and may be awarded costs on dismissal of the appeal in limine.

Rule 4. Application of Rule 3.

The provisions of rule 3 shall, mutatis mutandis, apply to all applications filed before an appellate Court during the pendency of a suit.]