Which of these orders is appealable under Order XLIII Rule 1 of the Code of Civil Procedure, 1908?
Order XLIII Rule 1(k) covers a refusal under Order XXII Rule 9 to set aside abatement or dismissal of a suit. Rejection of a plaint is treated as a decree under Section 2(2)…
Choose your answer
Which of these orders is appealable under Order XLIII Rule 1 of the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer B
Order XLIII Rule 1(k) covers a refusal under Order XXII Rule 9 to set aside abatement or dismissal of a suit. Rejection of a plaint is treated as a decree under Section 2(2) and follows the decree appeal route.
Authority — Code of Civil Procedure, 1908. Sections 2(2), 96 and 104, and Orders VII r. 11, VIII r. 1, XIV r. 5, XXII r. 9, XLIII r. 1(k).
Option feedback
Option A
Rejection of a plaint is deemed a decree by Section 2(2), so it is not an Order XLIII Rule 1 appealable order on this ground.
Option B
Order XLIII Rule 1(k) expressly includes this refusal under Order XXII Rule 9.
Option C
Order XLIII Rule 1 does not list a refusal to receive a written statement under Order VIII Rule 1.
Option D
Order XLIII Rule 1 does not list a refusal under Order XIV Rule 5 to strike out an issue.
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