ORDER XLI APPEALS FROM ORIGINAL DEGREES - RULE 1, 2, 3,
4 OF CODE OF CIVIL PROCEDURE 1908
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
Form of appeal, What to accompany memorandum,
Grounds which may be taken in appeal, Rejection or
amendment of memorandums, Application for condonation of
delay and One of several plaintiffs or defendants may
obtain reversal of whole decree where it proceeds on
ground common to all are defined under Rule
1, 2, 3 and 4 of Order XLI of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 1 Order XLI of Code of Civil Procedure 1908 "Form
of appeal, What to accompany memorandum"
(1) Every appeal shall be preferred in the form of a
memorandum signed by the appellant or his pleader and
presented to the Court or to such officer as it appoints in
this behalf. the memorandum shall be accompanied. by a copy
of the decree appealed from and (unless the Appellate Court
dispenses therewith) of the Judgment on which it is founded:
Provided that where two or more suits have been tried
together and a common Judgment has been delivered therefor
and two or more appeals are filed against any decree covered
by that Judgment, whether by the same appellant or by
different appellants, the Appellate Court may dispense with
the filing of more than one copy of the Judgment.
(2) Contents of memorandum- The memorandum shall set forth,
concisely and under distinct heads, the grounds of objection
to the decree appealed from without any argument or
narrative; and such grounds shall be numbered consecutively.
(3) Where the appeal is against a decree for payment of
money, the appellant shall, within such time as the
Appellate Court may allow, deposit the amount disputed in
the appeal or furnish such security in respect thereof as
the Court may think fit.
Rule 2 Order XLI of Code of Civil Procedure 1908 "Grounds
which may be taken in appeal"
The appellant shall not, except by leave of the Court,
urge or be heard in support of any ground of objection set
forth in the memorandum of appeal, but the Appellate Court,
in deciding the appeal, shall not be confined to the grounds
of objections set forth in the memorandum of appeal or taken
by leave of the Court under this rule:
Provided that the Court shall not rest its decision on any
other ground unless the party who may be affected thereby
has had a sufficient opportunity of contesting the case on
that ground.
Rule 3 Order XLI of Code of Civil Procedure 1908 "Rejection
or amendment of memorandums"
(1) Where the memorandum of appeal is not drawn up in the
manner hereinbefore prescribed, it may be rejected, or be
returned to the appellant for the purpose of being amended
within a time to be fixed by the Court or be amended then
and there.
(2) Where the Court rejects any memorandum, it shall record
the reasons for such rejection.
(3) Where a memorandum of appeal is amended, the Judge, or
such officer as he appoints in this behalf, shall sign or
initial the amendment.
Rule 3A Order XLI of Code of Civil Procedure 1908 "Application
for condonation of delay"
(1) When an appeal is presented after the expiry of the
period of limitation specified therefor, it shall be
accompanied by an application supported by affidavit setting
forth the facts on which the appellant relies to satisfy the
Court that he had sufficient cause for Pot preferring the
appeal within such period.
(2) If the Court sees no reason to reject the application
without the issue of a notice to the respondent, notice
hereof shall be issued to the respondent and the matter
shall be finally decided by the Court before it proceeds to
deal with the appeal under rule 11 or rule 13, as the case
may be.
(3) Where an application has been made under sub-rule (1)
the Court shall not make in order fact the stay of execution
of the decree against which the appeal is proposed to be
filed so long as the Court does not, after hearing under
rule 11, decide to hear the appeal.
Rule 5 Order XLI of Code of Civil Procedure 1908 "One
of several plaintiffs or defendants may obtain reversal of
whole decree where it proceeds on ground common to all"
Where there are more plaintiffs or more defendants than
one in a suit, and the decree appealed from proceeds on any
ground common to all the plaintiff or to all the defendants,
any one of the plaintiffs or of the defendants may appeal
from the whole decree, and thereupon the Appellate Court may
reverse or vary the decree in favour of all the plaintiff or
defendants, as the case may be.
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
