3. Rejection or amendment of memorandum.- (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. HIGH COURT AMENDMENTS Allahabad.- Substitute the following for sub-rule (1): “Rule 3 (1)—Where the memorandum of appeal is not drawn up in the manner here in before prescribed, or accompanied by the copies mentioned in Rule 1(1), it may be rejected or where the memorandum of appeal is not drawn up in the manner prescribed, it may 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.” (17.6.1916).
Rules 3-A: Bombay: Dadra And Nagar Haveli.- In Order XLI, after the existing Rule 3, insert the following rule with marginal note as new Rule 3-A and its marginal note “3-A. Procedure where appellant applies for condonation of delay in filing the appeal.— Where an appellant applies for delay in filing the appeal to be excused, notice to show cause shall be issued to the respondent and the application shall be decided before notice is issued to the Court, from whose decree the appeal is preferred, under Rule 13.”
Gujarat.- Same as in Bombay with following modifications — (i) Add ‘at once between ‘shall’ be issued. (ii) for ‘application’ read ‘matter’ and add ‘finally’ between the words ‘shall be’ and ‘decided’.
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