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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Certain interim orders, such as those under Order 39 Rules 1 & 2 CPC, can be challenged via appeals under Order 43 Rule 1 if expressly provided ["SHRAVANLAL MEENA ADOPTED S/O PRABHATILAL Vs. DURGAPRASAD SAINI S/O ISHWARRAM - Rajasthan"].
Revision against an appeal or order - Main points and insights:
Specific orders, such as those under Order IX Rule 7 (setting aside ex parte decrees), may not be appealable under Order 43, and revision petitions against such orders are dismissed if no statutory appeal is provided ["M/S. AXIS GLOBAL AUTOMATION vs M/S. TONGLIT AUTOGISTIC PVT - Madras"].
Key insights:
Analysis and Conclusion:- The law clearly delineates between appealable orders under Order 43 Rule 1 and non-appealable orders, with civil revisions permissible only in specific circumstances where no appeal lies or where the order is not covered by appeal provisions.- Many of the sources emphasize that a revision against an order that is expressly appealable under Order 43 Rule 1 or Section 104 of CPC is generally not maintainable, unless exceptional jurisdictional errors are involved.- Proper legal strategy involves first examining whether the order is appealable under the relevant provisions before resorting to revision, which is considered a remedy of last resort for errors of jurisdiction or gross irregularity.
References:- ["Nandikam Satyavani vs Velagala Bullemmai - Andhra Pradesh"]- ["VIJAY BAI AND OTHERS vs NEPAL SINGH AND OTHERS - Madhya Pradesh"]- ["M/s. HNS Hotels (p) Ltd vs M/s BNR Estates - Madras"]- ["M/S.SUVIDHA REALTORS and CONSTRUCTIONS PVT. LTD., vs THE HUBLI TALUKA AGRICULTURAL PRODUCE CO-OPERATIVE - Karnataka"]- ["M/S.SUVIDHA REALTORS and CONSTRUCTIONS PVT. LTD., vs THE HUBLI TALUKA AGRICULTURAL PRODUCE CO-OPERATIVE - Karnataka"]
In civil litigation, ex parte decrees can catch parties off guard, leading to urgent applications to set them aside. But what happens when the court rejects that application? Is there a right to appeal, especially against interim or final orders? This question often arises: Criminal Appeal against Interim and Final Order—though typically framed in civil contexts under the Code of Civil Procedure (CPC), 1908. Understanding appealability is crucial for aggrieved parties seeking justice.
This post explores the appeal rights under Order 43, Rule 1(d) CPC, drawing from judicial precedents and statutory provisions. We'll clarify whether such orders—whether interlocutory or final, from trial or appellate courts—are appealable. Note: This is general information based on legal principles and case law. It is not specific legal advice; consult a qualified lawyer for your case.
When a court passes an ex parte decree due to a party's absence, Order 9, Rule 13 CPC allows an application to set it aside upon showing sufficient cause. Rejection of this application raises the key question: Is the rejection order appealable?
Main Legal Finding: An order under Order 43, Rule 1(d) CPC rejecting an application for setting aside a suit or ex parte decree is appealable, regardless of whether it's interlocutory or final, and irrespective of the court passing it—trial court or appellate court exercising original jurisdiction. Zila Parishad, Budaun VS Brahma Rishi Sharma - 1969 0 Supreme(All) 103
Order 43, Rule 1(d) explicitly states: an appeal shall lie from an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte. This provision covers dismissals of such applications, ensuring a remedy for aggrieved parties.
The language of Order 43, Rule 1(d) is unambiguous: it targets orders rejecting an application... to set aside a decree passed ex parte. Courts have interpreted this broadly to promote access to justice.
Indian courts, including the Supreme Court and High Courts, have consistently upheld appealability:- In Koushik Mutually Aided Cooperative Housing Society, the court clarified that orders rejecting Order 9, Rule 13 applications are appealable under Order 43, Rule 1(d). Zila Parishad, Budaun VS Brahma Rishi Sharma - 1969 0 Supreme(All) 103- Gyan Singh observed: an order rejecting an application under Order 9, Rule 13 is appealable under Order 43, Rule 1(d). It emphasized applicability even in appellate contexts. Maharashtra State Road Transport Corporation VS B. G. Sarang - Consumer (1995)- Ram Chandra Aggarwal explained that appellate courts exercising original jurisdiction can pass appealable orders under this rule. Jaswant Singh VS Parkash Kaur - 2017 0 Supreme(SC) 1114- Shamsher Singh reiterated: the remedy is by appeal, not revision. Yumnam Rajen Singh VS Yumnam Lukhoi singh and Anr. - 2013 0 Supreme(Gau) 761
These rulings ensure that technicalities do not bar substantive remedies.
A common dispute is whether appellate courts (e.g., in revision or special jurisdiction) can issue appealable orders under Order 43, Rule 1(d). Judicial consensus affirms this:- The rule's broad phrasing covers orders rejecting applications for setting aside ex parte decrees, regardless of the issuing court. Maharashtra State Road Transport Corporation VS B. G. Sarang - Consumer (1995)- For instance, in cases where appellate courts handle original matters, rejections remain appealable. Jaswant Singh VS Parkash Kaur - 2017 0 Supreme(SC) 1114
This interpretation prevents forum-shopping and upholds uniformity.
Other decisions reinforce preferring appeals over alternatives like revisions:- In a Karnataka High Court matter, the court examined: The next question which arises is as to whether an appeal can be maintained under Order 43 of CPC... the impugned order is not appealable under Section 104 read with Order 43 Rule 1 of CPC. This highlights scrutiny but upholds statutory appeal routes. M/S.SUVIDHA REALTORS and CONSTRUCTIONS PVT. LTD., vs THE HUBLI TALUKA AGRICULTURAL PRODUCE CO-OPERATIVE- Punjab High Court dismissed a revision: In view of the above provision Order 43 Rule 1(d) CPC, the present revision petition is dismissed as withdrawn. BALBIR SINGH vs SUKHDEV SINGH & ORS - 2023 Supreme(Online)(P&H) 7597- Similar views in Andhra Pradesh cases note revisions against interim orders are questioned, favoring appeals under relevant Order 43 rules. Smt. Pabbineedi Madhavi Ramesh vs Smt. Mareedu Venkata Ramana - 2023 Supreme(Online)(AP) 286CHINTAGUNTA ALIAS CHINTAGUNTLA PEDDA RAMAKKA vs CHINTAGUNTLA VENKATAIAH - 2024 Supreme(Online)(AP) 21183
These cases illustrate that courts direct parties to Order 43 appeals, dismissing revisions as not maintainable. For example: Respondent... specifically contended that revision is not maintainable. Smt. Pabbineedi Madhavi Ramesh vs Smt. Mareedu Venkata Ramana - 2023 Supreme(Online)(AP) 286
Not every order qualifies:- Procedural or interlocutory matters outside Order 9, Rule 13 are typically not covered.- Final decrees on merits appeal under Section 96 CPC, not Order 43, Rule 1(d).- Revisions under Section 115 CPC or writs may be barred if appeal lies. Yumnam Rajen Singh VS Yumnam Lukhoi singh and Anr. - 2013 0 Supreme(Gau) 761
Always check if the case is open to appeal as per the rule.
In summary, orders rejecting applications to set aside ex parte decrees or suits under Order 43, Rule 1(d) CPC are generally appealable, whether interim, final, or from trial/appellate courts exercising original jurisdiction. Judicial interpretations support this broad scope, prioritizing effective remedies. Zila Parishad, Budaun VS Brahma Rishi Sharma - 1969 0 Supreme(All) 103Maharashtra State Road Transport Corporation VS B. G. Sarang - Consumer (1995)
Key Takeaways:- Appeal under Order 43, Rule 1(d) is the primary remedy.- Revisions often fail if appeal lies. BALBIR SINGH vs SUKHDEV SINGH & ORS - 2023 Supreme(Online)(P&H) 7597- Stay informed on precedents to strengthen your position.
For tailored guidance, reach out to a legal professional. Navigating CPC appeals can be complex, but knowing your rights empowers you.
#CPCAppeal, #ExParteDecree, #LegalRemedies
43. Consequently, the order under revision is upheld and the C.R.P. is dismissed. ... c) A second appeal under Section 100 C.P.C. is maintainable against an order passed in an appeal, arising out of order passed under Rule p class="sub_para" left_margin="113.42" pos_bottom="280.91599999999994 ... On perusal of ratio laid down by Full Bench of this Co....
(A) Code of Civil Procedure, 1908 - Section 115 and Order 43 Rule 1A - Civil Revision against the order refusing to entertain an ... ... ... Findings of Court: ... The court found the appeal maintainable under Order 43 Rule 1A and restored the original appeal for ... 43 Rule 1A CPC or an application to the court that granted the decree. ... Challenging the order passed by the Appellat....
1, Rule 2, Rule2(A) Rule 4 or Rule 10 of Order XXXIX consider the the above, it is very much clear that statutory appeal remedy available to challenge the order passed under Order 31 Rules 1 and 2 of CPC is to prefer an appeal under Order 43 Rule 1 of CPC. ... At the out set it is necessary to refer....
of Section 104 r/w Order 43 rule 1 of the Code of Civil Procedure. ... Under Section 104 read with Order 43 Rule 1 expressly authorises and creates a forum for appeal against order falling under the various clauses of Order 43 Rule 1 CPC which reads thus :- "An appeal shall lie fr....
The next question which arises is as to whether an appeal can be maintained under Order 43 of CPC. ... He further submitted that the impugned order is not appealable under Section 104 read with Order 43 Rule 1 of CPC as well. ... (n) an order under Rule 2 of Order XXV rejecting an application (in a case ....
In view of the above provision Order 43 Rule 1(d) CPC, the present revision petition is dismissed as withdrawn. ... At the very outset, it is submitted by the learned counsel for the petitioner that the present revision petition is not maintainable under Order 43 Rule 1(d) CPC wherein it is stipulated as follows ... Appe....
But, in the Order 43 of CPC, there is no provision for appeal, to set aside the exparte order under Order IX Rule 7 CPC. ... proviso under Section 13(1-A) of the Act clearly states that the appeal shall lie on such orders, specifically enumerated under Order 43 of CPC; but, while looking at Order 43....
The above revision is filed under Article 227 of the Constitution of India against the order dated 25.01.2022 in I.A.No.460 of 2021 in O.S.No.2000 of 2021 on the file of the Rent Controller-cum-IV Additional Junior Civil Judge, Vijayawada. ... Respondent filed counter praying the Court to vacate the interim order granted on 18.02.2022 and, also specifically contended that revision is not maintainable. 8.
Order 43 Rule 1 CPC does not bifurcate that an appeal cannot be entertained against interim order passed in exercise of powers under Order 39 Rule 1 & 2 CPC. ... made under rules from which an appeal is expressly allowed by rules:" Order 43 Rule 1 says that: "An appeal shall lie fr....
After hearing the counsel for the petitioners, this Court raised a query as to how the civil revision petition can be maintained. The Order 43 Rule 1(j) C.P.C., provides for an appeal against an order passed under Order 21 Rule 92 CPC. ... Order 21 Rule 92 C.P.C., provides that where an application to set aside a sal....
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