Rule 1A of CPC : Rule 1A: Right to challenge non-appealable orders in appeal against decrees.

Explanation using Example

Example 1:

Scenario: Ravi files a civil suit against Shyam for breach of contract. During the proceedings, the court issues an interim order directing Ravi to deposit a certain amount of money as security. Ravi believes this order is unjust but cannot appeal against it immediately because it is a non-appealable order. The court later pronounces a judgment in favor of Shyam and a decree is drawn up.

Application of Rule 1A: Ravi decides to appeal against the decree. In his appeal, Ravi can also challenge the interim order directing him to deposit the security amount, arguing that the order was incorrect and should not have been made. This is permissible under Rule 1A, which allows a party to contest non-appealable orders in an appeal against the final decree.

Example 2:

Scenario: Meena and Ramesh are involved in a property dispute. During the trial, they reach a compromise agreement, and the court records this compromise and passes a decree based on it. However, Meena later feels that the compromise was unfair and that the court should not have recorded it.

Application of Rule 1A: Meena decides to appeal against the decree. In her appeal, she can argue that the compromise should not have been recorded and that the decree based on the compromise is invalid. Rule 1A allows her to contest the decree on the grounds that the compromise should not have been recorded, even though the original order to record the compromise was non-appealable.

Example 3:

Scenario: Anita sues her neighbor, Raj, for encroachment on her property. During the trial, the court issues an order refusing to record a compromise that both parties had agreed upon, stating that the compromise was not legally valid. The court then proceeds to pronounce a judgment in favor of Raj and a decree is drawn up.

Application of Rule 1A: Anita decides to appeal against the decree. In her appeal, she can argue that the court's order refusing to record the compromise was incorrect and that the compromise should have been recorded. Rule 1A allows her to challenge the non-appealable order refusing to record the compromise in her appeal against the final decree.