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An order under Rule 9 of the Order XXII of the Code of Civil Procedure, 1908 refusing to set aside…

An order under Order XXII Rule 9 of the Code of Civil Procedure, 1908 refusing to set aside the abatement or dismissal of a suit is an appealable order under Section…

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An order under Rule 9 of the Order XXII of the Code of Civil Procedure, 1908 refusing to set aside abatement or dismissal of a suit is appealable under —

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Correct answer C

An order under Order XXII Rule 9 of the Code of Civil Procedure, 1908 refusing to set aside the abatement or dismissal of a suit is an appealable order under Section 104(1)(i) read with Order XLIII Rule 1(k) of the CPC. Section 104(1)(i) allows appeals from any order made under rules from which an appeal is expressly allowed by rules, and Order XLIII Rule 1(k) expressly provides for an appeal from 'an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit'.

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Option A

Incorrect. Section 105 of the Code of Civil Procedure, 1908 provides that save as otherwise expressly provided, no appeal shall lie from any order made by a Court, though any error, defect or irregularity in an order affecting the decision of the case may be set forth as a ground of objection in the memorandum of appeal from the decree.

Option B

Incorrect. Section 96 of the Code of Civil Procedure, 1908 provides for appeals from original decrees, whereas an order under Order XXII Rule 9 refusing to set aside abatement is an appealable order, not a decree.

Option C

Correct. Under Section 104(1)(i) read with Order XLIII Rule 1(k) of the Code of Civil Procedure, 1908, an appeal lies from an order under Rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit.

Option D

Incorrect. Section 100 of the Code of Civil Procedure, 1908 governs second appeals to the High Court from appellate decrees on a substantial question of law.

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