| RULES |
ORDER
XLI : CODE OF CIVIL PROCEDURE, 1908 |
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ORDER XLI : Appeals from Original
Decrees |
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| 1. |
Form
of appeal -What to accompany memorandum, Contents of memorandum |
| 2. |
Ground which may be taken in appeal |
| 3. |
Rejection or amendment of memorandum |
| 3-A. |
Application for condonation of delay |
| 4. |
One of several plaintiffs or defendants may obtain reversal
of whole decree where it proceeds on ground common to
all |
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Stay of proceedings and of execution |
| 5. |
Stay
by Appellate Court, Stay by Court which passed the decree |
| 6. |
Security in case of order for execution of decree appealed
from |
| 7. |
[Repealed] |
| 8. |
Exercise
of powers in appeal from order made in execution of decree |
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Procedure on admission of appeal |
| 9. |
Registry
of memorandum of appeal |
| 10. |
Appellate
Court may require appellant to furnish security for costs,
Where appellant resides out of India |
| 11. |
Power to dismiss appeal without sending notice to lower
Court |
| 11-A. |
Time within which hearing under rule 11 should be concluded |
| 12. |
Day
for hearing appeal |
| 13. |
[Omitted by Amendment Act, 1999] |
| 14. |
Publication and service of notice of day for hearing appeal,
Appellate Court may itself cause notice to be served |
| 15. |
[Omitted
by the Amendment Act, 1999] |
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Procedure on hearing |
| 16. |
Right to begin |
| 17. |
Dismissal
of appeal for appellant's default, Hearing appeal ex parte |
| 18. |
[Omitted
by the Amendment Act, 1999] |
| 19. |
Re-admission
of appeal dismissed for default |
| 20. |
Power
to adjourn hearing and direct persons appearing interested
to be made respondents |
| 21. |
Re-hearing
on application of respondent against whom ex parte decree
made |
| 22. |
Upon
hearing respondent may object to decree as if he had preferred
separate appeal, Form of objection and provisions applicable
thereto |
| 23. |
Remand of case by Appellate Court |
| 23-A. |
Remand in other cases |
| 24. |
Where evidence on record sufficient, Appellate Court may
determine case finally |
| 25. |
Where
Appellate Court may frame issues and refer them for trial
to Court whose decree appealed from |
| 26. |
Findings and evidence to be put on record -Objection to finding, Determination of appeal |
| 26-A. |
Order of remand to mention date of next hearing |
| 27. |
Production of additional evidence in Appellate Court |
| 28. |
Mode of taking additional evidence |
| 29. |
Points to be defined and recorded |
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Judgment in appeal |
| 30. |
Judgment when and where pronounced |
| 31. |
Contents,
date and signature of judgment |
| 32. |
What
judgment may direct |
| 33. |
Power
of Court of appeal |
| 34. |
Dissent to be recorded |
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Decree in appeal |
| 35. |
Date and contents of decree, Judge dissenting from judgment
need to sign decree |
| 36. |
Copies
of judgment and decree to be furnished to parties |
| 37. |
Certified
copy of decree to be sent to Court whose decree appealed
from |
