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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)…

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Which of these orders is appealable under Order XLIII Rule 1 of the Code of Civil Procedure, 1908?

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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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