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CODE OF CIVIL PROCEDURE 1908

ORDER XLI APPEALS FROM ORIGINAL DEGREES

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

 

 

ORDER XLII APPEALS FROM APPELLATE DECREES

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

ORDER XLIII APPEALS FROM ORDERS

Appeal from orders and Procedure Rule 1 and 2 of Order XLIII of Code of Civil Procedure 1908

ORDER XLIV APPEALS BY INDIGENT PERSONS

Who may appeal as an indigent person? Grant of time for payment of court-fee, Inquiry as to whether applicant is an indigent person? Rule 1, 2 and 3 of Order XLIV of Code of Civil Procedure 1908

ORDER XLV APPEALS TO THE SUPREME COURT

"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

ORDER XLVI REFERENCE

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

ORDER XLVII REVIEW

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

ORDER XLVIII MISCELLANEOUS

Is Process to be served at expense of party issuing? Orders and notices how served? Use of form in appendices? Rule 1, 2 and 3 of Order XLVIII of Code of Civil Procedure 1908

ORDER XLIX CHARTERED HIGH COURTS

Who may serve processes of High Court? What is Saying in respect of Chartered High Courts? Application of rules? Rule 1, 2 and 3 of Order XLIX of Code of Civil Procedure 1908

ORDER XLI PROCEDURE ON HEARING OF APPEAL - RULE 23, 24, 25, 26, 27, 28, 29 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

 

Remand of case by Appellate Court, 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, Findings and evidence to be put on record. Objections to finding, Order of remand to mention date of next hearing, Production of additional in Appellate Court, Mode of taking additional evidence and Points to be defined and recorded are defined under Rule 23, 24, 25, 26, 27, 28 and 28 of Order XLI of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 23 Order XLI of Code of Civil Procedure 1908 "Remand of case by Appellate Court"

Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate court may, if it fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded, and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred. ,which directions to re-admit the suit under its original number in the register of civil suits, and proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all just exceptions, be evidence during the trial after remand.

Rule 23A Order XLI of Code of Civil Procedure 1908 "Remand in other Cases"

Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a re-trial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23.

Rule 24 Order XLI of Code of Civil Procedure 1908 "Where evidence on record sufficient Appellate Court may determine case finally"

Where the evidence upon the record is sufficient to enable the Appellate Court to pronounce judgement, the Appellate Court may, after resettling the issues, if necessary, finally determine the suit, notwithstanding that the judgement of the Court from whose decree the appeal is preferred has proceeded wholly upon some ground other than that on which the Appellate Court proceeds.

Rule 25 Order XLI of Code of Civil Procedure 1908 "Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from"

Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required;

and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together its findings thereon and the reasons therefor within such time as may be fixed by the Appellate Court or extended by it from time to time.

Rule 26 Order XLI of Code of Civil Procedure 1908 "Findings and evidence to be put on record. Objections to finding"

(1) Such evidence and findings shall form part of the record in the suit; and either party may, within a time to be fixed by the Appellate Court, present a memorandum of objections to any finding.

(2) Determination of appeal- After the expiration of the period so, fixed for presenting such memorandum the Appellate Court shall proceed to determine the appeal.

Rule 26A Order XLI of Code of Civil Procedure 1908 "Order of remand to mention date of next hearing"

Where the Appellate Court remands a case under rule 23 or rule 23A, or frames issues and refers them for trial under rule 25, it shall fix a date for the appearance of the parties before the Court from whose decree the appeal was preferred for the purpose of receiving the direction of that Court as to further proceedings in the suit.

Rule 27 Order XLI of Code of Civil Procedure 1908 "Production of additional in Appellate Court"

(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if-

(a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or

(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise if due diligence, be produced by him at the time when the decree appealed against was or)

(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgement, or for any other substantial cause,

the Appellate Court may allow such evidence or document to be produced, or witness to be examined.

(2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission.

Rule 28 Order XLI of Code of Civil Procedure 1908 "Mode of taking additional evidence"

Wherever additional evidence is allowed to be produced, the Appellate Court may either take such evidence, or direct the Court from whose decree the appeal is preferred, or any other subordinate Court, to take such evidence and to send it when taken to the Appellate Court.

Rule 29 Order XLI of Code of Civil Procedure 1908 "Points to be defined and recorded"

Where additional evidence is directed or allowed to be taken, the Appellate Court shall specify the points to which the evidence is to be confined and record on its proceedings the points so specified.

 

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