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Report No. 54

Order 43, rule 1(s)

43.41. Rule 1(s) permits appeals against orders under Order 40, rule 1 or 4 for appointing receivers, and for enforcement of receiver's duties.

It needs no change.

Order 43, rule 1(t)

43.42. Rule 1(t) allows appeal against an order refusing, under Order 41, rule 19, the re-admission of an appeal dismissed for default or refusing, under Order 41, rule 21, to re-hear an appeal, on the application of a respondent against whom an ex parte appellate decree was made.

It needs no change.

43.43.and 43.44. Rule 1(u) allows appeal against an order under Order 41, rule 23, remanding a case where an appeal would lie from the decree of the appellate court. Although we are recommending an amendment whereunder all issues are to be decided by the court, there will be an exception as to issues of jurisdiction or bar of suit1. Hence the provision in rule 1(u) will still be needed. It should, therefore, be retained.

1. See discussion as to Order 14, rule 2.

Order 43, rule 1(v)

43.45. Under Order 43, rule 1(v), an order under Order 45, rule 6 made by any court other than a High Court refusing the grant of a certificate to appeal to the Supreme Court, is appealable.


43.46. The appeal contemplated by Order 43 rule 1(v) is obsolete, and should be abolished. We recommend accordingly.

Order 43, rule 1(w)

43.47. Order 43, rule 1(w) provides for appeal against an order under Order 47, rule 4, granting an application for review. The text of this rule needs no change. But we are recommending certain changes in Order 47 rule 7,1 which will have the effect of expanding the scope of this appeal.

1. See discussion as to Order 47, rule 7.

Order 43, rule lA (New)

43.48. A new rule 1A is proposed to be inserted1 in Order 43. Order 43, rule 113 (New)

1. See discussion as to Order 43, rule 1(b), supra.

43.49. A now rule 1B is proposed1 to be inserted in Order 43.

1. See discussion as to Order 43, rule 1(c), supra.

Order 43, rule 1C (New)

43.50. A new rule 1C is proposed1 to be inserted.

1. See discussion as o order 43, rule 1(h), supra.

Order 43, rule 1D (New)

43.51. A new rule 1D is proposed to be inserted.1

1. See discussion as to Order 43, rule 1(m), supra.

The Code of Civil Procedure, 1908 Back

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