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Which of the following instances can be held to be final orders?
I. An order of a High Court dismissing an appeal for the appellant’s failure to furnish order
II. An order that an appeal had abated
III. An order in a revision reversing the dismissal of a suit and restoring it to the file of the lower court when such an order had the effect of reinstating a primary decree
IV. An order refusing an application under s. 45 of the Specific Relief Act 1 of 1877
V. An order passed by a High Court in insolvency proceedings
II, III
I, IV
I, V, VI
All of these
- I. An order of a High Court dismissing an appeal for the appellant’s failure to furnish order:
Such an order is considered final because it conclusively determines the rights of the parties involved, as the appeal is dismissed.
- II. An order that an appeal had abated:
This is a final order because it conclusively determines that the appeal cannot proceed further due to the lapse or inaction that led to abatement.
- III. An order in a revision reversing the dismissal of a suit and restoring it to the file of the lower court when such an order had the effect of reinstating a primary decree:
Here, it is considered final because it effectively reinstates a decision that affects the parties' rights.
- IV. An order refusing an application under s. 45 of the Specific Relief Act 1 of 1877:
This is a final order because it conclusively decides against the application, determining the party’s right under that section.
- V. An order passed by a High Court in insolvency proceedings:
Orders in insolvency proceedings can be final if they conclusively determine rights or aspects of the case.
- Option 4: All of these includes all scenarios and considers them final orders.
By: santosh ProfileResourcesReport error
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