Execution
awadhesh khadiwala
(Querist) 10 September 2011
This query is : Resolved
app.un.or.21 rule83cpc rejected what remedy avilable
prabhakar singh
(Expert) 10 September 2011
Order providing appeals from first schedule is order XL III where under only the following appeals arising from order XXI are appealable,to state:
(i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an endorsement;
(j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;
[(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.]
THUS NO APPEAL IS PROVIDED FOR AN ORDER U/O 21 r83.
so being the case only revision can lie in your case.
Ganesh Chavan
(Expert) 10 September 2011
I agree with Mr.prabhakar sing Sir only revision can lie in your case.
kuldeep kumar
(Expert) 10 September 2011
there is no scope under r 83 for appealother than those stated above..