Section 89   [ View Judgements ]

Amendment of Order XLIII

In the First Schedule, in Order XLIII,-

(i)in rule 1,-

(a)in clause (a), the words, figures and letter "except where the procedure specified in rule 10A of Order VII has been followed" shall be inserted at the end;

(b)clauses (b), (e), (g), (h), (m), and (v) shall be omitted;

(c)after clause (j), the following clause shall be inserted, namely:-

"(ja) an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule 105 of that Order is appealable.";

(d)after clause (n), the following clause shall be inserted, namely:-

"(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent person;";

(e)in clause (r), after the word and figure "rule 2", the word, figure and letter ", rule 2A" shall be inserted;

(f)in clause (u), after the figures "23", the words, figures and letter "or rule 23A" shall be inserted;

(ii)after rule 1, the following rule shall be inserted, namely:-

"1A.Right to challenge non-appealable orders in appeal against decrees.- (1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced.

(2)In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.".

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