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The Code of Civil Procedure, 1908: page 226

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 226, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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         1
          [(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;]
         (k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;
         (l) an order under rule 10 of Order XXII giving or refusing to give leave;
         2
          *                    *                         *                         *                        *
          (n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an
    order to set aside the dismissal of a suit;
         1
          [(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to
    sue as an indigent person;]
         2
          *                        *                        *                         *                     *
         (p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV;
         (q) an order under rule 2, rule 3 or rule 6 of Order (XXVIII);
         (r) an order under rule 1, rule 2 1[rule 2A], rule 4 or rule 10 of Order XXXIX;
         (s) an order under rule 1, or rule 4 of Order XL;
         (t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to
    re-hear, an appeal;
         (u) an order under rule 23 1[or rule 23A] of Order XLI remanding a case, where an appeal would lie
    from the decree of the Appellate Court;
         2
          *                         *                        *            e          *                     *
          (w) an order under rule 4 of Order XLVII granting an application for review.
     1                                                             od
       [1A. Right to challenge non-appealable orders in appeal against decrees.—(1) Where any order
is made under this Code against a party and thereupon any judgment is pronounced against such party and
                                                            aC
a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not
have been made and the judgment should not have been pronounced.
                                                          di
     (2) In an appeal against a decree passed in a suit 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
                                                   In
should, or should not, have been recorded.]
     2. Procedure.—The rules of Order XLI shall apply, so far as may be, to appeals from orders.
                                                    ORDER XLIV
                                      3
                                        [APPEALS BY INDIGENT PERSONS]
     1. Who may appeal 4[as an indigent person]. —5[(1)] Any person entitled to prefer an appeal, who
is unable to pay the fee required for the memorandum of appeal, may present an application accompanied
by a memorandum of appeal, and may be allowed to appeal as an 6[indigent person], subject, in all
matters, including the presentation of such application, to the provisions relating to suits by 4[indigent
persons], in so far as those provisions are applicable.
    7
     *                     *                          *                          *                       *
    8
     *                     *                          *                          *                       *
    9
     [2. Grant of time for payment of court-fee.—Where an application is rejected under rule 1, the Court
may, while rejecting the application, allow the applicant to pay the requisite Court-fee, within such time as
may be fixed by the Court or extended by it from time to time; and upon such payment, the memorandum of
appeal in respect of which such fee is payable shall have the same force and effect as if such fee had been
paid in the first instance.
    3. Inquiry as to whether applicant is an indigent person.—(1) Where an applicant, referred to in
rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is

1. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977).
2. Clauses (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid. (w.e.f. 1-2-1977).
3. Subs. by Act 104 of 1976, s. 90, ibid., for “pauper appeals” (w.e.f. 1-2-1977).
4. Subs. by s. 90, ibid., for “as pauper” (w.e.f. 1-2-1977).
5. Rule 1 re-numbered as sub-rule (1) by Act 66 of 1956, s. 14.
6. Subs. by Act 104 of 1976, s. 90, for “pauper” and “paupers” respectively (w.e.f . 1-2-1977),
7. Proviso omitted by Act 66 of 1956, s. 14.
8. Sub-rule (2) ins. by s. 14, ibid. and omitted by Act 104 of 1976, s. 90 (w.e.f. 1-2-1977).
9. Subs. by Act 104 of 1976, s. 90, for rule 2 (w.e.f. 1-2-1977).

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