Order XLIII of the Code of Civil Procedure, 1908 provides the rules for appeals against specific orders passed by a civil court. While most appeals are filed against final judgments (decrees), this Order allows a party to challenge certain interlocutory or procedural orders listed under Rule 1 of the Order.
These include orders under various other Orders such as Order VI, VII, IX, XXXIX, and others. The aim of Order XLIII is to ensure that parties have a legal remedy against important orders that may significantly affect their rights before the final decision is made.
1. What is the primary subject matter of Order XLIII of the CPC?
A. Appeals from interlocutory orders
B. Execution of decrees
C. Filing of written statements
D. Temporary injunctions and interlocutory orders
Answer: A. Appeals from interlocutory orders
2. Under Order XLIII Rule 1, which of the following orders is not appealable?
A. An order refusing to grant a temporary injunction
B. An order rejecting a plaint
C. An order appointing a receiver
D. An order dismissing a suit for non-appearance
Answer: D. An order dismissing a suit for non-appearance
3. Under Order XLIII Rule 1A, what is the time limit within which an appeal must be filed from an interlocutory order?
A. 30 days from the date of the order
B. 60 days from the date of the order
C. 90 days from the date of the order
D. 30 days from the date of knowledge of the order
Answer: A. 30 days from the date of the order
4. Which of the following interlocutory orders is not appealable under Order XLIII Rule 1?
A. An order refusing to grant a temporary injunction
B. An order setting aside a decree passed ex parte
C. An order rejecting an application for the appointment of a receiver
D. An order rejecting an application for amendment of a plaint
Answer: D. An order rejecting an application for amendment of a plaint
5. Under Order XLIII Rule 1, can an appeal be filed from an order that does not dispose of the suit entirely?
A. Yes, if the order causes irreparable injury to the appellant
B. No, only final judgments and decrees can be appealed
C. Yes, if the order is interlocutory and specified under Rule 1
D. No, appeals can only be filed after the final decree is passed
Answer: C. Yes, if the order is interlocutory and specified under Rule 1
6. What is the remedy if an appellant fails to file an appeal within the prescribed time limit under Order XLIII Rule 1A?
A. The appeal is automatically dismissed
B. The appellant may apply for an extension of time, stating sufficient cause for delay
C. The appeal is barred permanently
D. The appellant may file a fresh suit
Answer: B. The appellant may apply for an extension of time, stating sufficient cause for delay
7. Which of the following orders cannot be appealed under Order XLIII of the CPC?
A. Order appointing a receiver under Rule 1(d)
B. Order refusing to grant a temporary injunction under Rule 1
C. Order rejecting a plaint under Rule 1
D. Order for attachment of property in execution of a decree under Rule 1
Answer: D. Order for attachment of property in execution of a decree under Rule 1
8. Can an appeal be filed under Order XLIII against an order that merely grants an interlocutory injunction or appointment of a receiver?
A. Yes, if the order involves a significant question of law
B. No, such orders are not appealable
C. Yes, but only if the court grants permission to appeal
D. No, appeals can only be filed against final judgments
Answer: A. Yes, if the order involves a significant question of law
9. Under Order XLIII Rule 4, if an appeal is filed against an interlocutory order, the appellate court can stay the execution of the order under which condition?
A. If the appellate court is satisfied that there is a high chance of success in the appeal
B. If the execution of the order would cause irreparable injury to the appellant
C. If the lower court’s order violates procedural fairness
D. If the respondent consents to the stay
Answer: B. If the execution of the order would cause irreparable injury to the appellant
10. Which of the following can be an example of an interlocutory order appealable under Order XLIII?
A. An order granting or refusing an injunction
B. An order refusing to admit evidence during the trial
C. An order dismissing the suit for lack of jurisdiction
D. An order for specific performance of a contract
Answer: A. An order granting or refusing an injunction