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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 ADMISSION OF APPEAL - RULE 9, 10, 11, 12, 13, 14, 15 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

 

Registry of memorandum of appears, Appellate Court may require appellant to furnish security for costs, Power to dismiss appeal without sending notice to Lower Courts, Day for hearing appeal, Appellate Court to give notice to Court whose decree applied from, Publication and service of notice of day for hearing appeal and Contents of notice are defined under Rule 9, 10, 11, 12, 13, 14 and 15 of Order XLI of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 9 Order XLI of Code of Civil Procedure 1908 "Registry of memorandum of appears"

(1) Where a memorandum of appeal is admitted, the Appellate Court or the proper officer of that Court shall endorse thereon the date of presentation, and shall register the appeal in a book to be kept for the purpose.

(2) Register of Appeals- Such book shall be called the Register of Appeals,

Rule 10 Order XLI of Code of Civil Procedure 1908 "Appellate Court may require appellant to furnish security for costs"

(1) The Appellate Court may in its discretion, either before the respondent is called upon to appear and answer or afterwards on the application of the respondent, demand from the appellant security for the costs of the appeal, or of the original suit, or of both:

Where appellant resides out of India-

Provided that the Court shall demand such security in all casts in which the appellant is residing out of 9[India], and is not possessed of any sufficient immovable property within 9[India] other than the property (if any) to which the appeal relates.

(2) Where such security is not furnished within such time as the Court orders, the Court shall reject the appeal.

Rule 11 Order XLI of Code of Civil Procedure 1908 "Power to dismiss appeal without sending notice to Lower Courts"

(1) The Appellate Court, after sending for the record if it thinks fit so to do, and after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that day, may dismiss the appeal without sending notice to the Court from whose decree the appeal is preferred and without serving notice on the respondent or his pleader.

(2) If on the day fixed or 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

(3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the appeal is preferred.

(4) Where an Appellate Court, not being the High Court, dismisses an appeal under sub -rule (1), it shall deliver a Judgment, recording in brief its grounds for doing so, and a decree shall be drawn up in accordance with the Judgment.

Rule 11A Order XLI of Code of Civil Procedure 1908 "Time within which under rule 11 should be concluded"

Every appeal shall be heard under rule 11 as expeditiously as possible and Endeavour shall be made to conclude such hearing within sixty days from the date on which the memorandum of appeal is filed.

Rule 12 Order XLI of Code of Civil Procedure 1908 "Day for hearing appeal"

(1) Unless the Appellate Court dismisses the appeal under rule 11, it shall fix a day for hearing the appeal.

(2) Such day shall be fixed with reference to the current business of the Court, the place of residence of the respondent, and the time necessary for the service of the notice of appeal, so as to allow the respondent sufficient time to appear and answer the appeal on such day.

Rule 13 Order XLI of Code of Civil Procedure 1908 "Appellate Court to give notice to Court whose decree applied from"

(1) Where the appeal is not dismissed under rule 11, the Appellate Court shall send notice of the appeal to the Court from whose decree the appeal is preferred.

(2) Transmission of Papers to Appellate Court-Where the appeal is from the decree of a Court, the records of which are not deposited in the Appellate Court, the Court receiving such notice shall send with all practicable dispatch all material papers in the suit, or such papers as may be specially called for by the Appellate Court.

(3) Copies of exhibits in Court whose decree appealed from-Either party may apply in writing to the Court from whose decree the appeal is preferred, specifying any of the papers in such Court of which he requires copies to be made; and copies of such papers shall be made at the expense of, and given to, the applicant.

Rule 14 Order XLI of Code of Civil Procedure 1908 "Publication and service of notice of day for hearing appeal"

(1) Notice of the day fixed under rule 12 shall be affixed in the Appellate Court-house, and a like notice shall be sent by the Appellate Court to the Court from whose decree the appeal is preferred, and shall be served on the respondent or on his pleader in the Appellate Court in the manner provided for the service on a defendant of a summons to appear and answer; and all the provisions applicable to such summons, and to proceedings with reference to the service thereof, shall apply to the service of such notice.

(2) Appellate Court may itself cause notice to be served- Instead of sending the notice to the Court from whose decree the appeal is preferred, the Appellate Court may itself cause the notice to be served on the respondent or his pleader under the provisions above referred to.

(3) The notice to be served on the respondent shall be accompanied by a copy of the memorandum of appeal.

(4) Notwithstanding anything to the contrary contained in sub-rule (1), it shall not be necessary to serve notice of any proceeding incidental to an appeal on any respondent other than a person impleaded for the first time in the Appellate Court, unless he has appeared and filed an address for the service in the Court of first instance or has appeared in the appeal.

(5) Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.

Rule 15 Order XLI of Code of Civil Procedure 1908 "Contents of notice"

The notice to the respondent shall declare that, if he does not appear in the Appellate Court on the day so fixed, the appeal will be heard ex parte.

 

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