📘 CIVIL PROCEDURE CODE : ORDER XLII – XLVII

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

📚 CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country.
Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial
Service exam.

To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material
modules on all important aspects of this vital part of their syllabus:

⚖️ ORDER XLII — APPEALS FROM APPELLATE DECREES

Procedure — Rule 1

• 📌 The rules of Order XLI
• ➡️ shall apply to appeals from appellate decrees

Appeal on the question formulated — Rule 2

• 📌 Court shall formulate
• ➡️ the substantial question of law as required by section 100
• 📌 Court may direct
• ➡️ that the second appeal be heard on the question so formulated and
• ➡️ it shall not be open to the appellant to urge any other ground without leave of Court

📑 ORDER XLIII — APPEALS FROM ORDERS

Appeal from orders — Rule 1

• 🔹 An appeal shall lie from:
• ➡️ an order u/r 10 of Order VII
• 📌 returning a plaint to be presented to proper Court
• ➡️ an order u/r 9 of Order IX
• 📌 rejecting an application for an order to set aside dismissal of a suit
• ➡️ an order u/r 13 of Order IX
• 📌 rejecting an application for an order to set aside a decree passed ex parte
• ➡️ an order under rule 21 of Order XI
• ➡️ an order u/r 34 of Order XXI
• 📌 on an objection to the draft of a document
• ➡️ an order u/r 9 of Order XXII
• 📌 refusing to set aside the abatement or dismissal of a suit
• ➡️ an order u/r 5 or rule 7 of Order XXXIII
• 📌 rejecting an application for permission to sue as an indigent person
• ➡️ orders in interpleader-suits
• 📌 under rule 3, rule 4 or rule 6 of Order XXXV
• ➡️ an order under rule 2, rule 3 or rule 6 of Order XXXVIII
• ➡️ an order u/r 1, 2, 2A, 4 or 10 of Order XXXIX
• ➡️ an order u/r 4 of Order XLVII granting an application for review

Right to challenge non-appealable orders — Rule 1A

• 📌 Where any order is made against a party and
• ➡️ thereupon any judgment is pronounced against such party and a decree is drawn up
• 📌 such party may contend
• ➡️ in an appeal against the decree
• ➡️ that such order should not have been made and
• ➡️ that the judgment should not have been pronounced

🤝 Compromise decree

• 📌 In an appeal against a decree
• ➡️ passed 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

Procedure — Rule 2

• 📌 Rules of Order XLI
• ➡️ shall apply so far as may be
• ➡️ to appeals from orders

🔁 ORDER XLVII — REVIEW

Application for review of judgment — Rule 1

• 📌 Any person aggrieved
• ➡️ by a decree or order
• ➡️ from which an appeal is allowed but from which no appeal has been preferred or
• ➡️ by a decree or order
• ➡️ from which no appeal is allowed and
• 📌 who
• ➡️ from discovery of new and important matter or evidence
• ➡️ which after exercise of due diligence was not within his knowledge at the time when the decree or order was passed or
• ➡️ which after exercise of due diligence could not be produced by him at the time when the decree was passed or order made or
• ➡️ on account of some mistake or error apparent on the face of record or
• ➡️ for any other sufficient reason
• 📌 desires to obtain
• ➡️ a review of the decree or order made against him
• 📌 may apply for a review of the judgment
• ➡️ to the Court which passed the decree or order

Rule 2

• 📌 A party who is not appealing from a decree or order
• ➡️ may apply for a review of judgment
• ➡️ notwithstanding pendency of an appeal by some other party
• 📌 except
• ➡️ where ground of such appeal is common to the applicant and the appellant or
• ➡️ when, being respondent, he can present to the Appellate Court the case on which he applies for review

Explanation

• 📌 The fact that
• ➡️ the decision on a question of law on which judgment of Court is based
• ➡️ has been reversed or modified by a subsequent decision of a superior Court in any other case
• ❌ shall not be a ground
• ➡️ for review of such judgment

Application where rejected — Rule 4 (1)

• 📌 Where it appears to court
• ➡️ that there is no sufficient ground for review
• ❌ it shall reject the application

Application where granted — Rule 4 (2)

• 📌 Where the court is of opinion
• ➡️ that the application for review should be granted
• ✅ it shall grant the same
• ❗ No such application shall be granted
• ➡️ without previous notice to the opposite party and
• ❗ no such application shall be granted
• ➡️ on the ground of discovery of new matter or evidence
• ➡️ which the applicant alleges was not within his knowledge or could not be adduced by him when the decree or order was passed or made
• ➡️ without strict proof of such allegation

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