11. Application of order to appeals.- In the application of this order to appeals, so far as may be, the word “plaintiff” shall be held to include an appellant, the word “defendant” a respondent, and the word “suit” an appeal. HIGH COURT AMENDMENTS Assam, Meghalaya, Manipur and Tripura and Calcutta.- Add the following: “Provided always that where an appellate Court has made an order dispensing with service of notice of appeal upon L.R. of any person deceased under Order XLI, Rule 14 (3) the appeal shall not be deemed to abate as against such party and the decree made on appeal shall be binding on the estate or the interest of such party.” (25.7.1928).
Andhra Pradesh, Madras (28.5.1958) and Pondicherry.- After Rule 11,’ add the following as Rule 11-A: “11-A. The entry on the record of the name of the representative of a deceased appellant or respondent in a matter pending before the High Court in its appellate jurisdiction, except in cases under appeal to Supreme Court, shall be deemed to be a quasi-judicial act within the meaning of Section 128 (2) (i) of the Code of Civil Procedure and may be performed by the Registrar provided that contested applications and applications presented out of time shall be posted before a Judge for disposal.”
Kerala, Laccadive, Minicoy and Amindivi Islands.- After Rule 11, the following rule shall be added, namely:
“11-A. Entry on the record of the name of the representative of a deceased appellant or respondent in a matter pending before the High Court.— The entry on the record of the name of the representative of a deceased appellant or respondent in a matter pending before the High Court in its appellate jurisdiction, except in cases under appeal to the Supreme Court, may be performed by the Registrar, provided that contested applications and applications presented out of time shall be posted before a Judge for disposal.” (96.1959).
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