THE FIRST SCHEDULE · ORDER XLIII APPEALS FROM ORDERS

Order XLIII Rule 1A: Right to challenge non-appealable orders in appeal against decrees

The Code of Civil Procedure, 1908

¹[(1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced.

(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.]

Footnotes in the official text

1.Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977).

Questions on this rule

1 question in 8 of our papers cite Order XLIII Rule 1A. Try these from the free papers:

1. During the trial of a suit, the court rejected D's application to recall a witness for further cross-examination. That order is not appealable. The suit was later decreed against D. In D's first appeal against the decree:

Practise questions on Civil Procedure Code