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Assume the underlying suits are of a kind open to appeal and the procedure in Order VII rule 10A was…

Order XLIII rule 1(c) lists an order rejecting a restoration application under Order IX rule 9 in a case open to appeal. An order granting that application is outside clause…

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Assume the underlying suits are of a kind open to appeal and the procedure in Order VII rule 10A was not followed for the return of the plaint. Which order is not appealable under Order XLIII rule 1 of the Code of Civil Procedure, 1908?

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Answer and explanation

Correct answer C

Order XLIII rule 1(c) lists an order rejecting a restoration application under Order IX rule 9 in a case open to appeal. An order granting that application is outside clause (c).

Clause (a) covers returning the plaint except when the rule 10A procedure was followed. Clause (d) covers rejection of the application to set aside an ex parte decree in a case open to appeal.

Option feedback

Option A

Rule 1(a) permits the appeal because the rule 10A procedure was not followed.

Option B

Rule 1(c) permits the appeal from rejection in a case open to appeal.

Option C

Rule 1(c) lists rejection of the restoration application. It does not list an order granting restoration.

Option D

Rule 1(d) permits the appeal from rejection in a case open to appeal.

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