Code of Civil Procedure, 1908 | Order XLIII
Order XLIII Rule 1 CPC: Appeal from Orders
Order 43 Rule 1 of the Code of Civil Procedure, 1908 identifies specific civil court orders against which an appeal may be filed under Section 104 CPC. It covers matters including return of plaints, restoration applications, injunctions, receivers, execution sales and remand orders.
Meaning and statutory basis
Order XLIII Rule 1 specifies the orders from which an appeal lies under Section 104 CPC. Section 104 describes the classes of appealable orders and restricts appeals where no statutory right exists. Section 106 CPC identifies the appellate forum. Order XLIII Rule 2 generally applies the procedural rules of Order XLI to appeals from orders, so far as applicable.
Read the official Code of Civil Procedure, 1908 (India Code PDF) for the enacted provisions and amendment notes.
Orders appealable under Order XLIII Rule 1
The following table summarises the clauses retained in the central provision. Clause letters are preserved to match the statutory numbering; omitted clauses are not reproduced as operative rights of appeal.
| Clause | Provision | Nature of appealable order |
|---|---|---|
| (a) | Order VII Rule 10 | Return of plaint for presentation to the proper court, except where the Order VII Rule 10A procedure has been followed. |
| (c) | Order IX Rule 9 | Refusal to restore a suit dismissed for default, where the case is open to appeal. |
| (d) | Order IX Rule 13 | Refusal to set aside an ex parte decree, where the case is open to appeal. |
| (f) | Order XI Rule 21 | Order concerning consequences of non-compliance with discovery or inspection obligations. |
| (i) | Order XXI Rule 34 | Decision on an objection to a draft document or endorsement in execution. |
| (j) | Order XXI Rules 72 or 92 | Order setting aside or refusing to set aside an execution sale. |
| (ja) | Order XXI Rule 106(1) | Rejection of an application to set aside an order under Rule 105, if the original order is appealable. |
| (k) | Order XXII Rule 9 | Refusal to set aside abatement or dismissal of a suit. |
| (l) | Order XXII Rule 10 | Order granting or refusing leave concerning assignment, creation or devolution of interest. |
| (n) | Order XXV Rule 2 | Refusal to set aside dismissal of a suit for failure to furnish security for costs, where appealable. |
| (na) | Order XXXIII Rules 5 or 7 | Rejection of an application for permission to sue as an indigent person. |
| (p) | Order XXXV Rules 3, 4 or 6 | Specified orders in interpleader suits. |
| (q) | Order XXXVIII Rules 2, 3 or 6 | Specified orders concerning security and attachment before judgment. |
| (r) | Order XXXIX Rules 1, 2, 2A, 4 or 10 | Specified temporary injunction, breach of injunction, variation or deposit-related orders. |
| (s) | Order XL Rules 1 or 4 | Specified orders relating to appointment, duties or enforcement against a receiver. |
| (t) | Order XLI Rules 19 or 21 | Refusal to readmit an appeal or to rehear an appeal. |
| (u) | Order XLI Rules 23 or 23A | Remand order where an appeal would lie from the appellate court decree. |
| (w) | Order XLVII Rule 4 | Order granting an application for review, subject to applicable restrictions. |
Important correction: Clause (q) refers to Order XXXVIII (attachment before judgment), not Order XXVIII. Clause (r) includes Order XXXIX Rule 2A. Clauses omitted from the central text should not be treated as current appeal provisions merely because older editions list them.
Common examples of appeals from orders
Temporary injunctions: Order XXXIX
An order granting or refusing a temporary injunction under Rules 1 or 2, or an order under Rules 2A, 4 or 10, may be appealable under clause (r). The appellate court examines the order within the applicable legal framework; filing an appeal does not automatically suspend the order.
Return of plaint: Order VII Rule 10
Clause (a) generally permits an appeal against an order returning a plaint for presentation before the proper court, subject to the express exception where the procedure under Order VII Rule 10A has been followed.
Ex parte decrees and dismissal for default
Clauses (c) and (d) permit appeals against specified refusals to restore a dismissed suit or set aside an ex parte decree. These appeals concern rejection of the applications, and should be distinguished from an appeal against the decree itself under Section 96 where available.
Remand orders: Order XLI
Clause (u) permits an appeal from a remand order under Rule 23 or 23A where an appeal would lie from the appellate court's decree. Under Section 105(2), failure to challenge an appealable remand order may prevent a later challenge to its correctness.
Procedure, forum and limitation
Under Section 106, an appeal ordinarily lies to the court that would hear an appeal from the decree in the suit; special rules apply to certain orders passed in appellate jurisdiction. Order XLIII Rule 2 makes Order XLI procedures applicable so far as may be. The appeal should identify the challenged order, relevant statutory clause, grounds of challenge and relief sought, and comply with court rules.
Limitation depends on the appellate forum and the applicable law. Articles 116 and 117 of the Limitation Act, 1963 may be relevant to appeals under the CPC; calculate the period from the applicable provision and consider legally permitted exclusions or condonation, rather than assuming one uniform deadline for every case.
What if the order is not appealable?
Section 105(1) CPC generally allows an error in a non-appealable order affecting the decision to be raised in an appeal against the eventual decree, subject to its exceptions. Order XLIII Rule 1A also addresses challenges to certain non-appealable orders in appeals against decrees, including compromise-related questions. Revision under Section 115 or supervisory remedies may be available only when their independent legal requirements are met.
Frequently asked questions
Is every civil court order appealable?
No. An appeal requires a statutory basis, such as Section 104 read with Order XLIII Rule 1 or another applicable enactment.
Can an injunction order be appealed?
Specified orders under Order XXXIX Rules 1, 2, 2A, 4 and 10 are included in Order XLIII Rule 1(r), subject to applicable amendments and jurisdictional requirements.
Does filing an appeal automatically stay the order?
No. Appropriate interim relief must ordinarily be sought from the competent court.
Official legal reference
India Code - Code of Civil Procedure, 1908. Verify local amendments, current court rules and subsequent judgments before filing.