Rule 16 Order XLI of Code of Civil Procedure 1908 "Right to begin"
(1) On the day fixed, or on any other day to which the
hearing may be adjourned, the appellant shall be heard in
support of the appeal.
(2) The Court shall then, if it does not dismiss the appeal at once, hear the respondent against the appeal and in such case the appellant shall be entitled to reply.
Rule 17 Order XLI of Code of Civil Procedure 1908 "Dismissal of appeal for appellants’ default"
(1) Where on the day fixed, or on any other day to which
the hearing may be adjourned, the appellant does not appear
when the appeal is called on for hearing, the Court may make
an order that the appeal be dismissed.
Explanation-Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the merits.
(2) Hearing appeal ex parte - Where the appellant appears and the respondent does not appear the appeal shall be heard ex parte.
Rule 18 Order XLI of Code of Civil Procedure 1908 "Dismissal of and where notice not served in consequence of appellant’s failure to deposit costs"
On the day fixed, or on any other day to which the
hearing may be adjourned, it is found that the notice to the
respondent has not been served in consequence of the failure
of the appellant to deposit, within the Period fixed, the
sum required to defray the cost of serving the notice or, if
the notice is returned and it is found that the notice to
the respondent has not been issued in consequence of the
failure of the appellant to deposit, within any subsequent
period fixed, the sum required to defray of the cost of any
further attempt to serve the notice, the Court may make an
order that the appeal be dismissed:
Provided that no such order shall be made although the notice has not been served upon the respondent, if on any such day the respondent appears when the appeal is called on for hearing.
Rule 19 Order XLI of Code of Civil Procedure 1908 "Re-admission of appeal dismissed for default"
Where an appeal is dismissed under rule 11, sub-rule (2) or rule 17 or rule 18, the appellant may apply to the Appellate Court for the re-admission of the appeal; and, where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing or from depositing the sum so required, the Court shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit.
Rule 20 Order XLI of Code of Civil Procedure 1908 "Power to adjourn hearing and direct persons appearing interested to be made respondents"
(1) Where it appears to the Court at the hearing that any
person who was a party to the suit in the Court from whose
decree the appeal is preferred, but who has not been made a
party to the appeal, is interested in the result of the
appeal, the Court may adjourn the hearing to a future day to
be fixed by the Court and direct that such person be made a
(2) No respondent shall be added under this rule, after the expiry of the period of limitation for appeal, unless the Court, for reasons to be recorded, allows that to be done, on such terms as to costs as it thinks fit.
Rule 21 Order XLI of Code of Civil Procedure 1908 "Re-hearing on application of respondent against whom ex parte decree made"
Where an appeal is heard ex parte and Judgment is pronounced against the respondent, he may apply to the Appellate Court to re-hear the appeal; and, if he satisfies the Court that the notice was not duly served or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing, the Court shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.
Rule 22 Order XLI of Code of Civil Procedure 1908 "Upon hearing respondent may object to decree as if he had preferred a separate appeal"
(1) Any respondent, though he may not have appealed from
any part of the decree, may not only support the decree
21[but may also state that the finding against him in the
Court below in respect of any issue ought to have been in
his favour; and may also take any cross-objection] to the
decree which he could have taken by way of appeal provided
he has filed such objection in the Appellant Court within
one month from the date of service on him or his pleader of
notice of the day fixed for hearing the appeal, or within
such further time as the Appellate Court may see fit to
Explanation.- A respondent aggrieved by a finding of the Court in the Judgment on which the decree appealed against is based may, under this rule, file cross-objection in respect of the decree in so far as it is based on that finding, notwithstanding that by reason of the decision of the Court on any other finding which is sufficient for the decision of the suit the decree, is, wholly or in part, in favour of that respondent.
(2) Form of objection and provisions applicable thereto- Such cross-objection shall be in the form of a memorandum, and !he provisions of rule 1, so far as they relate to the form and contents of the memorandum of appeal, shall apply thereto.
(3) Unless the respondent files with the objection a written acknowledgement from the party who may be affected by such objection or his pleader of having received a copy thereof, the Appellate Court shall cause a copy to be served, as soon as may be after the filing of the objection, on such party or his pleader at the expense of the respondent.
(4) Where, in any case in which any respondent has under this rule filed a memorandum of objection, the original appeal is withdrawn or is dismissed for default, the objection so filed may nevertheless be heard and determined after such notice to the other parties as the Court thinks fit.
(5) The provisions relating to appeals by indigent persons shall, so far as they can be made applicable, apply to an objection under this rule.
Form of appeal, What to accompany memorandum? What are the Grounds which may be taken in appeal? What is Rejection or amendment of memorandums? How to file Application for condonation of delay? What is the meaning of One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all? Rule 1, 2, 3 and 4 of Order XLI of Code of Civil Procedure 1908
What is Stay by Appellate Court? What is Security in case of order for execution of decree appealed from? What is Exercise of powers in appeal from order made in execution of decree? Rule 5, 6, 7 and 8 of Order XLI of Code of Civil Procedure 1908
What is Registry of memorandum of appeals? Do Appellate Court may require appellant to furnish security for costs? What is the Power to dismiss appeal without sending notice to Lower Courts? How to fix Day for hearing appeal? Should Appellate Court to give notice to Court whose decree applied from? How is Publication and service of notice of day for hearing appeal? What are the Contents of notice? Rule 9, 10, 11, 12, 13, 14 and 15 of Order XLI of Code of Civil Procedure 1908
What is Right to begin? What is the meaning of Dismissal of appeal for appellants’ default? When Dismissal of and where notice not served in consequence of appellant’s failure to deposit costs? How to do Re-admission of appeal dismissed for default? What is the Power to adjourn hearing and direct persons appearing interested to be made respondents? How to do Re-hearing on application of respondent against whom ex parte decree made? Can Upon hearing respondent may object to decree as if he had preferred a separate appeal? Rule 16, 17, 18, 19, 20, 21 and 22 of Order XLI of Code of Civil Procedure 1908
What is Remand of case by Appellate Court? What is Remand in other Cases? Where evidence on record sufficient Appellate Court may determine case finally? Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from? Should Findings and evidence to be put on record? What are the Objections to finding? Should Order of remand to mention date of next hearing? Can Production of additional evidence in Appellate Court allowed? What is the Mode of taking additional evidence? What are the Points to be defined and recorded? Rule 23, 24, 25, 26, 27, 28 and 29 of Order XLI of Code of Civil Procedure 1908
Judgment when and where pronounced? What are Contents, date and signature of Judgment? What Judgment may direct? What is the Power of Court of Appeal? Is dissent to be recorded? Rule 30, 31, 32, 33 and 34 of Order XLI of Code of Civil Procedure 1908
What are Date and contents of decree? How many Copies of Judgment and decree to be furnished to parties? Should Certified copy of decree to be sent to Court whose decree appealed from? Rule 35, 36 and 37 of Order XLI of Code of Civil Procedure 1908
What is Procedure? What is the Power of Court to direct that the appeal be heard on the question formulated by it? What is Application of rule 14 of Order XLI? Rule 1, 2 and 3 of Order XLII of Code of Civil Procedure 1908
"Decree" defined, What is Application to Court whose decree complained of? What is Certificate as to value or fitness? What is the Effect of refusal of certificate? Are Security and deposit required on grant of certificate? What is Admission of appeal and procedure thereon? Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XLV of Code of Civil Procedure 1908
What is Revocation of acceptance of security? What is the Power to dispense with notices in case of deceased parties? What is the Power to order further security or payment? What is the Effect of failure to comply with order? Refund of balance deposit, Powers of Court pending appeal, Increase of security found inadequate, What is the Procedure to enforce orders of the Supreme Court? How to file Appeal from order relating to execution? Rule 9, 9A, 10, 11, 12, 13, 14, 15 and 16 of Order XLV of Code of Civil Procedure 1908
What is Reference of question to High Court? Court may pass decree contingent upon decision of High Court, Should Judgment of High Court to be transmitted and case disposed of accordingly? What is Costs of reference to High Court? What is Reference to high Court under proviso to section 113? What is the Power to alter, etc., decree, of Court making reference? What is the Power to refer to High Court questions as to jurisdiction in small causes? What is the Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes? Rule 1, 2, 3, 4, 5, 6 and 7 of Order XLVI of Code of Civil Procedure 1908
What is Application for review of judgment? To whom applications for review may be made? What is the Form of applications for review? When Application where rejected? How to file Application for review in Court consisting of two or more judges? Application where rejected? When Order of rejection not appealable? Objections to order granting application, Registry of application granted, and order for re-hearing, Bar of certain application? Rule 1, 2, 3, 4, 5, 6, 7, 8 and 9 of Order XLVII of Code of Civil Procedure 1908