Appeal/REvision

Querist : Anonymous (Querist) 12 February 2011 This query is : Resolved
What are appealable orders? What orders can be challenged by revision?

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adv. rajeev ( rajoo ) (Expert) 12 February 2011
Final orders of appealable orders and against any interrium order revision can be filed.
But in civil case any iterrrium orders passed in an injunction suit on IA i.e., u/o 39 r 1 then Misc., Appeal lies

barun deka (Expert) 13 February 2011
all interim orders given in order 43 rule 1 of the CPC are appellable orders.
For others revision will lie.
If an order which is not appellable under order 43 and is such an order which if decided in favour of the revision petitioner would have put an end to the proceedings can be challenged under S115 of the CPC. And for all other interim order Art227 of the Constitution needs to be invoked

Kirti Kar Tripathi (Expert) 14 February 2011
If an order amounts to case decided, the appeal will lie otherwise revision.

barun deka (Expert) 14 February 2011
i disagree with mr. tripathi even orders not amounting to case decided are appellable subject to the provisions of order 43

Kirti Kar Tripathi (Expert) 14 February 2011
dear Barun the subject which are covered under order 43, an order passed under those subject will fall within the ambit of case decided. DO NOT CONFUSED.

barun deka (Expert) 17 February 2011
@Mr Tripathi..... is your expression "case decided" broad enough to include interim orders?
Now if by "case decided" you mean such an order that would decide the case completely i.e. to say bring an end to the proceedings then consider this-
An order passed under Order 39 Rule 1 refusing an injunction is an interim order which does not decide the case completely in view of the fact that the plaintiffs will/can pursue the matter even in absence of a temporary injunction. but the same is appellable under Order 43 Rule 1 (r).

And if by case decided you mean something else then i am actually confused and i could only construe as above.

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