Rule 9 Order XLV of Code of Civil Procedure 1908 "Revocation of acceptance of security"
At any time before the admission of the appeal the Court may, upon cause shown revoke the acceptance of any such security, and make further directions thereon.
Rule 9A Order XLV of Code of Civil Procedure 1908 "Power to dispense with notices in case of deceased parties"
Nothing in these rules requiring any notice to be served
on or given to an opposite party or respondent shall be
deemed to require any notice to be served on or given to the
legal representative of any deceased opposite party or
deceased respondent in a case, where such opposite party or
respondent did not appear either at the hearing in the Court
whose decree is complained of or at any proceedings
subsequent to the decree of that Court:
Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same in some conspicuous place in the court-house of the Judge of the district in which the suit was originally brought, and by publication in such newspapers as the Court may direct.
Rule 10 Order XLV of Code of Civil Procedure 1908 "Power to order further security or payment"
Where at any time after the admission of an appeal but
before the transmission of the copy of the record, except as
aforesaid, to the Supreme Court such security appears
or further payment is required for the purpose of translating, transcribing, printing, indexing or transmitting the copy of the record, except as aforesaid,
the Court may order the appellant to furnish, within a time to be fixed by the Court, other and sufficient security, or to make, within like time, the required payment.
Rule 11 Order XLV of Code of Civil Procedure 1908 "Effect of failure to comply with order"
Where the appellant fails to comply with such order, the
proceedings shall be stayed,
and the appeal shall not proceed without an order in this behalf of the Supreme Court, and in the meantime execution of the decree appealed from shall not be stayed.
Rule 12 Order XLV of Code of Civil Procedure 1908 "Refund of balance deposit"
When the copy of the record, except as aforesaid, has been transmitted to the Supreme Court, the appellant may obtain a refund of the balance (if any) of the amount which he has deposited under rule 7.
Rule 13 Order XLV of Code of Civil Procedure 1908 "Powers of Court pending appeal"
(1) Notwithstanding the grant of a certificate for the
admission of any appeal, the decree appealed from shall be
unconditionally executed, unless the Court otherwise
(2) The Court may, if it thinks fit, on special cause shown by any party interested in the suit, or otherwise appearing to the Court,-
(a) impound any movable property in dispute or any part thereof, or
(b) allow the decree appealed from to be executed, taking such security from the respondent as the Court thinks fit for the due performance of any order which the Supreme Court may make on the appeal, or
(c) stay the execution of the decree appealed from, taking such security from the appellant as the Court thinks fit for the due performance of the decree appealed from, or of any decree or order which the Supreme Court may make on the appeal, or
(d) place any party seeking the assistance of the Court under such conditions or give such other direction respecting the subject-matter of the appeal, as it thinks fit, by the appointment of a receiver or otherwise.
Rule 14 Order XLV of Code of Civil Procedure 1908 "Increase of security found inadequate"
(1) Where at any time during the pendency of the appeal the
security furnished by either party appears inadequate, the
Court may, on the application of the other party, require
(2) In default of such further being furnished as required by the Court,-
(a) if the original security was furnished by the appellant, the Court may, on the application of the respondent, execute the decree, appealed from as if the appellant had furnished no such security;
(b) if the original security was furnished by the respondent, the Court shall, so far as may be practicable stay the further execution of the decree, and restore the parties to the position in which they respectively were when the security which appears inadequate was furnished, or give such direction respecting the subject matter of the appeal as it thinks fit.
Rule 15 Order XLV of Code of Civil Procedure 1908 "Procedure to enforce orders of the Supreme Court"
(1) Whoever desires to obtain execution of any decree or
order of the Supreme Court shall apply by petition,
accompanied by a certified copy of the decree passed or
order made in appeal and sought to be executed, to the Court
from which the appeal to the Supreme Court was preferred.
(2) Such Court shall transmit the decree or order of the Supreme Court to the Court which passed the first decree appealed from, or to such other Court as the Supreme Court by such decree or order may direct and shall (upon the application of either party) give such directions as may be required for the execution of the same; and the Court to which the said decree or order is so transmitted shall execute it accordingly, in the manner and according to the provisions applicable to the execution of its original decrees.
(4) Unless the Supreme Court otherwise directs, no decree or order of that Court shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court, but such order shall have the same force and effect as if it had been made before the death took place.
Rule 16 Order XLV of Code of Civil Procedure 1908 "Appeal from order relating to execution"
The orders made by the Court which executes the decree or order of the Supreme Court, relating to such execution, shall be appealable in the same manner and subject to the same rules as the orders of such Court relating to the execution of its own decrees.
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