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 1[except where the procedure specified in rule 10A of Order VII has been followed];
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(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;
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(f) an order under rule 21 of Order XI;
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(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;
3[(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;
(l) an order under rule 10 of Order XXII giving or refusing to give leave; 4* * * * *
(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;
3[(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent person;]
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(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 (XXVIII);
(r) an order under rule 1, rule 2 3[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 3[or rule 23A] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court;
4* * * * *
(w) an order under rule 4 of Order XLVII granting an application for review.
Footnotes in the official text
- 1.Ins. by s. 89, ibid (w.e.f. 1-2-1977).
- 2.Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977).
- 3.Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977).
- 4.Clauses (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid. (w.e.f. 1-2-1977).