Schedule 9 · Cases where decision of Appellate Division is not appealable

NINTH SCHEDULESections 46 and 83(1)Cases where decision of Appellate Division is not appealable

1. An appeal cannot be brought against a decision of the Appellate Division in the following cases:

a case where the Appellate Division makes an incidental direction or interim order under section 40(1);

a case where the Appellate Division makes a judgment or an order that is made by consent of the parties;

a case where the Appellate Division gives or refuses permission to appeal against a decision of the General Division;[Act 25 of 2021 wef 01/04/2022]

a case where any written law expressly provides that the decision of the Appellate Division is final or that there is no appeal from the decision of the Appellate Division.

An appeal cannot be brought against a decision of the Appellate Division, where the parties have agreed in writing signed by or on behalf of each party that the decision is final, unless the party seeking to appeal proves that —

the decision is affected by fraud or illegality; or

there was a fundamental breach of the rules of natural justice in the proceedings resulting in the decision.

An agreement mentioned in sub-paragraph (1) —

may be made before or after the decision to which the agreement relates is made; and

may relate to part of a decision, in which case references in sub-paragraph (1) to a decision are to be read as references to that part of the decision.[Act 25 of 2021 wef 01/04/2022][40/2019]