ADVERTISEMENT
Order 43, Rule 1(r) of CPC 1908 allows an appeal from orders passed under Rules 1, 2, 2A, 4, or 10 of Order 39 of CPC. These orders specifically concern temporary injunctions, restraining breach of contract, and setting aside or modifying such injunctions. It acts as a crucial provision for immediate legal recourse against interim injunction orders.
Key aspects of Order 43, Rule 1(r) include:
- Appeals from Injunctions: An appeal can be filed against orders granting, refusing, modifying, or discharging temporary injunctions.
- Order 39 Applicability: It covers orders made under:
- Rule 1 & 2: Granting/refusing temporary injunctions.
- Rule 2A: Disobedience or breach of an injunction.
- Rule 4: Modifying, discharging, or setting aside an injunction order.
- Rule 10: Orders relating to the deposit of money or other subject matter in dispute.
- Maintainability: An appeal is maintainable under this rule, even if the order was passed ex-parte, particularly if it lacked reasons.
- Scope: It is part of the “Appeals from Orders” section (Order 43), serving as a mechanism to challenge interlocutory orders, ensuring that interim decisions, when unjustified, can be challenged without waiting for the final decree.
Orders rejecting applications under Order 39 Rule 2A (for violation of an injunction) are specifically mentioned as appealable under this provision.
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