37. Certified copy of decree to be sent to court whose decree appealed from.- A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits.
HIGH COURT AMENDMENTS
Allahabad.- (1) Delete the words “and shall be filed with the original proceedings in the suit’. (2) Add a new paragraph as follows: “Where the Appellate Court is the High Court, the copoes aforesaid shall he filed with the original proceedings in the suit.’ Rule 38 Allahabad.- Add the following as Rule 38: “38. (1) Au address for service filed under Order VII, Rule 19 or Order VIII, Rule 11, or subsequently altered under Order VII, Rule 24, or Order VIII, R141e 12, shall hold good during all appellate proceedings arising out of the original suit or petition.
(2) Every memorandum of appeal shall state the address for service given by the opposite parties in the Court below, and notices and processes shall issue from the Appallate Court to such addresses. (3) Rules 1, 22, 23 and 24 of Order VIJ shall apply, so far as may b, to appellate proceedings.” Bombay, Dadra and Nagar Haveli, Goa, Daman and Diu.- In Order XLI, after the existing Rule 37, add the following rule and marginal note as new Rule 38 and it marginal note:- ‘38, Registered address to hold good during appellate proceedings.—(1) The registered address filed under Order VI, Rule 14-A shall hold good during all appellate proceedings arising out of the original suit for petition, subject to any alteration under sub-rule (3) hereof. (2) Every memorandum of appeal shall state the registered address given by the opposite parties in the Court below, and notices and processes shall issue from the Appellate Court to such addresses. (3) Sub-rules (2) and (4)(i) and (ii) of Rule 14-A of Order VI shall apply, so far as may he, o appellate proceedings.” (1-10-1983 and 1-4-1987). Delhi and Himachal Pradesh.- Same as that of Punjab. Gujarat.- Add the following as Rule 38: “38, Every memorandum of appeal shall state the addresses for service given by the opposite parties in the Court below, and notices and processes shall issue from the Appellate Court to such addresses.’ (17-8-96). Orissa.- Same as that of Patna. Patna.- (i) Sub-rules (1) and (2) same as that of Allahabad only with certain modifications. Iii sub-rule (1) for the words” altered under Order VII, Rule 24 “, substitute the words altered under Order VII, Rule 22 (ii) In sub-rule (3), for the words “Rules 21,22,23 and 24 substitute the words Rules 21 and 22 Punjab, Haryana and Chandigarh.- The following shall be added a Rule 38: (1) Same as that of Allahabad. (2) The notice of appeal and other process connected with proceedings therein, shall issue to the addresses mentioned in clause (1), above, and service effected at such addresses shall begs effective as if it had been made personally on the appellant or respondent, as the case may be. (3) Rules 21, 22, 23, 24 and 25 of Order VII shall apply, so far as may be, to appellate proceedings.” (24-1-1927). Order XLI-A Allahabad.- After Order XLI insert the following as Order XLI-A: “ORDER XLI-A Appeals from Original Decrees in the High Court 1. Extent.- The rules contained in this Order shall apply to appeals in the high Court notwithstanding anything to the contrary contained in Order XLI or any other order and the rules contained in Order XLI shall be deemed to have been modified or repealed in their application to such appeals t the extent of their inconsistency or repugnancy or as indicated herein. 2. Service of notice on pleader.— If a party appears by a pleader, all notices o him shall he served upon such pleader, unless the Court directs otherwise. 3. Hearing appeal under Rule 11 of Order XLI on date of presentation.— Where a memorandum of appeal is admitted on presentation the Court may, if it deems fit, proceed to hear the appeal under Rule 11 of Order XLI on the date on which it is presented. 4. Day for appearance of respondent.— Unless the appeal is dismissed under Rule 11 of Order XLI a day shall be fixed for the appearance of the respondent and notice thereof shall be given to him. The notice shall call upon him to enter appearance on or before the day so fixed and answer the appeal and inform him that the appeal shall be heard on such day thereafter as may be subsequently notified.
5. Mode of entering appearance.— The respondent shall enter appearance by filing a memorandum of appearance in such form as may be prescribed by the Court. 6. Notice of day for hearing appeal.— Notice of the day fixed for the hearing of the appeal shall he given by making an entry thereof in the day’s cause list of the Court for that day and no other notice to the parties shall be necessary.
7. Application of Rules 14 and 15 of Order XLI,— Rules 14 and 15 of Order XLI shall not apply in so far as they may be inconsistent with the rules of the Court regarding the nature, service or publication of notices. 8. Amendment of Rules 16, 17 and 18 of Order XLI,— The following amendments shall be deemed to have been made in Order XLI, namely:
(a) In sub-rule (1) of Rule 16 for the words “on the day fixed, or on any oilier day to which the hearing may be adjourned” the words “when the appeal is called on for hearing” shall be substituted. (b) In sub-rule (1) of Rule 17 the words “on the day fixed, or on any other dte to which the hearing may be adjourned” shall be omitted. (c) In Rule 18 for the words “where on the day fixed, or on any other day to which the hearing may he adjouned” the words “when the appeal is called on for hearing” shall be substituted, 9. Dismissal of appeal for default,— Where default is made in compliance with any rules of the Court which provides for the dismissal of an appeal for such default, the Court may dismiss the appeal. 10. Upon hearing, respondent may object to decree as if he had preferred separate appeal,— Any respondent, though he may not have appealed from any part of the decree, may not only support the decree on any of the grounds decided against him in the Court below, but take any cross-objection to the decree which he could have taken byway of appeal provided he has filed such objection within one month from the day fixed for his appearance in the notice served upon him in accordance with Rule 4, or within such further time as the Court may deem fit to allow. 11. Application of Rule 31 of Order XLI.— Rule 31 of Order XLI shall not apply when the Court dismisses an appeal under Rule 11 of that Order.” (Noti, No. 14186/VJI(d)-147, dated 22-12-19511.
Rules I to 14 Andhra Pradesh.- Same as in Madras, except that In Rule 11 after the word “awarded” in line add “unless the Court otherwise orders” and after the words “before the Registrar” add “or the Court”; for Rs. 25 substitute Rs. 15 and add, thereafter, “and the cost of appearing when the appeal is in the daily cause list for final hearing and is adjourned shall be Rs. 30.” Kerala, Laccadive, Minicoy and Aminidivi Islands.- After Order XLI the following Order as Order shall be added, namely:
“ORDER XII-A
Appeal to the I ugh Court from Original Decrees of Subordinate Courts 1. Modification in first appeals to High Court—The rules contained in Order XLI shall apply to appeals in the 1-ugh Court of Kerala with the modifications contained in this Order. 2. (1) Notice fee, etc. to accompany appeal memo.— The memorandum of appeal shall he accompanied by twelve printed copies of the judgment, one of such copies being a certified copy, the prescribed fees for service of notice of appeal and the receipt of the accountant of the Court for the sum prescribed by the rules of Court. (2) Time for respondent’s appearance.— Notwithstanding anything contained in Rule 22 of Order XLI the period prescribed for entry of appearance by the respondent and filing by him of memorandum of cross-objections, if any, shall, unless otherwise ordered, by thirty days from the service of notice upon him. 3. (1) Appearance to be filed by respondent.— If the respondent intends to appear and defend the appeal he shall within the period specified in the notice of appeal enter an appearance by filing in Court a memorandum of appearance. (2) Penalty for default.— If a respondent fails to enter an appearance within the time and in the manner provided by the sub-rule above, he shall not be allowed to translate or print any part of the record. (3) Petition for enlargement of time and procedure thereon.— Provided that a respondent may apply by petition for further time; and the Court may thereupon make such order as it thinks fit. ‘the application shall be supported by evidence to be given on affidavit as to the reason for the applicant’s default and notice thereof shall be given to the appellant and all parties who have entered an appearance. Unless otherwise ordered the applicant shall pay the costs of all parties appearing upon the application. 4. (1) Address for service.— (1) The memorandum of appeal and the memorandum of appearance shall state an address for service within the town of Ernakulam at which service of any notice, order or process may be mace on the party filing such memorandum. (2) When party appears in person or by pleader-If a party appears in person, the address for service may b within the local limits of the jurisdiction of the Court 1rpm whose decree the appeal is preferred: Provided that if such party subsequently appears by a pleader he shall state in the vakalat an address for service within the town of Ernakulam and shall give notice thereof to each party who has appeared. (3) Service at pleader’s address.— If a party appears by a pleader, his address for service shall h that of his pleader, and all notice to the party shall be served on his pleader at that address, 5. Service by registered post.— The Court may direct that the service of a notice of appeal or other notice or process shall be made by sending the same in a registered cover prepaid for acknowledgment and addressed to the addressee for service pf the party to be served, which has been filed by him in the lower Court: Provided that, after a party has given police of an address for service in accordance with Rule 4, service of any notice or process shall be made at such address.
6. Notice to respondents appearing separately.— If there are several respondents and all do not appear by the same pleader, they shall give notice pr appearance to such of the other respondents as appear separately, 7. Procedure where record not translated and printed before hearing.— (1) If, upon a case being called on for hearing, by the Court, it appears that the record has not been translated or printed in accordance with the rules of court, the Court may dismiss the appeal or may adjourn the hearing and direct the party in default to pay Costs, or may make such order as it thinks fit. (2) If the Court proceeds to hear the appeal, it may refuse to read or refer to any part of the record which is not included in the printed papers. (3) When an appeal is dismissed under sub-rule (1) the appellant may apply to the Court for re-admission of the appeal; and when the Court i satisfied that there was sufficient cause for the default, it shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit. (20-1 -1970).
8. Cots of application and of adjournment..,— When costs arc awarded, unless the Court otherwise orders, the costs pf a part appearing upon any application before the Registrar or the court shall he Rs. 15, and the costs pf appearing when the appeal is in the daily cause list for final nearing and is adjourned shall be Rs. 0. At the request of any party the Registrar shall cause the order to be drawn up pd the said costs to be inserted therein,
Memorandum of Objections 9. (1) copies of memorandum of objections when to be led. If the acknowledgment mentioned in Rule 22(3) of Order X4 is not filed, the respondent shall together with the memorandum of objections tile so many copies thereof as there are parties affected there by. (2) Prescribed fees for service.— The prescribed fees for service shall be presented together with the memorandum to the Registrar. (9-6-1959).
Madras and Pondicherry.- After Order XLI insert the following a Order XLI-A:
“ORDER XLI-A
Appeals the High Court from original Decrees of subordinate Courts
Rule 1 to 3 same as that of Kerala.
Rule 4.—(1) The mepwrapd1 of appeal and the memorandum of appearance shall state an address for service within the City of Madras at which service of any notice, order or process may be made on the party filing memorandum. (2) Same as that of Kerala: Provided that if such party subsequently appears by a pleader he shall state in the vakalat and address for service within the City of Madras and shall give notice there of to each party who has appeared. (3)Same as that of Kerala. Rule 5.— Same as that of Kerala. Rule 6.— All notices and process, other than a notice of appeal, shall be sufficiently served if left by a party or his pleader, or by a person employed by the pleader, or by an officer of the Court between the hours of 11 am. and 5 p.m. at the address for service of the party to be served. Rule 7.— Notice which may be served by a party or his pleader under Rule 6, or which are sent from the office of the Registrar may, unless the Court otherwise directs be sent by registered post; and the time at which the notice so posted would be delivered in the ordinary course of post shall be considered at the time of service thereof and the posting thereof shall be a Sufficient Service. Rule 8.— Same as that of Rule 6 of Kerala.
Rule 9.— A list of all cases in which notice is to be issued to the respondent shall be affixed to the Court notice-board after the case has been registered. Rule 10— same as that of Rule 7 of Kerala. Rule 11.— When costs are awarded the costs Of a party appearing upon any application before the Registrar shall be Rs. 25. At the request of any party the Registrar shall cause the order to be drawn up and the said costs to be inserted therein. Memorandum of objections Rule 12.— (1) If the acknowledgment mentioned in Rule 22(3) of Order XLI is not filed, the respondent shall together with the memorandum of objections file so many copies thereof as there are parties affected thereby. (2) The prescribed fees for service shall be presented together with the memorandum to the Registrar. Rule 13—If any party or the pleader of any party to whom a memorandum of objections has been tendered has refused or neglected for three days from the date of tender to give the acknowledgment mentioned in Rule 22 () of Order XLI, the respondent may file an affidavit stating the facts and the Registrar may dispense with Service of the copies mentioned in Rule 12(1). Rule 14.—Rule 31 of Order XLI Shall not apply to the High Court. If judgment is given orally a short-hand note thereof shall be taken b an officer of the Court and a transcript made by him shall be signed or initialled by the Judge or by the Judges concurring therein after making such corrections as may be considered necessary.
Karnataka.- Rules Ito 7. After Order XLI and before Order XLII add the following Order as Order XLI-A:
“ORDER XLI-A
Appeal to the High Court from Original Decrees of Subordinate Courts 1. Rules contained in Order XLI shall apply to appeals in the High Court of Mysore with the modifications contained in this Order. 2. Where the memorandum of appeal is presented through an Advocate the memorandum shall state his address for service within the City of l3angalore and such address shall be the address for service of the appellant for all notices and processes issued in or in connection with the appeal or any interlocutory application in the appeal. 3. When any notice issued in an appeal preferred to the High Court fixes a date on which or a period within which the parties served with the notice shall enter appearance in the appeal such notice shall be deemed to be a notice fixing a day for hearing the appeal within the meaning of Rule 12 of Order XLI. 4. The Court may direct that service of a notice of appeal or other notice of process shall be made by sending the same by post in a registered cover prepaid for acknowledgment and addressed to the addressee for service of the party to be served which has been filed by him in the lower Court or in the High Court. A notice sent in accordance with this rule shall be deemed to be served on the day on which it would, in ordinary course of post, be delivered to him if the postal cover is not returned within a period of 15 days. When the cover is actually delivered to the party the postal acknowledgment purporting to contain the signature of the party may be deemed to be proof of sufficient service of the notice on the party on the day on which it is actually delivered to him. if the postal cover is returned unserved, any endorsement purporting to have been made thereon by delivery peon or other employee or officer of the postal department shall be prima facie evidence of the statements made therein. 5. If any party or his advocate to whom a memorandum of cross-objections have been tendered has refused or neglected for three days from the date of such tender to give the acknowledgment mentioned in Rule 22(3) of Order XLI, the respondent preferring such memorandum of cross-objections may file into Court an affidavit stating the facts and the Registrar may dispense with service of the copies of the memorandum. 6. (1) Rule 31 of Order XLI shall not apply to the High Court. If judgment is given orally a short-hand note thereof shall be taken by a short-hand writer appointed for the purpose and a transcript made by him shall be signed or initialled by the Judge or Judges concurring therein after making such corrections as may be considered necessary. (2) Sub-rule (4) of Rule 35 of Order XLI shall not apply to the 1-ugh Court. Decrees of the I ugh Court shall be signed by the Registrar, Deputy Registrar or Assistant Registrar, as indicated by the Chief Justice. 7. (1) If an appellant or petitioner fails to show due diligence in making all deposits or payments or in taking all necessary steps as required by the Rules of the High Court in the matter of the preparation of the paper book of any appeal or petition, the Registrar may in his discretion, and shall if the maximum period of extension of the time permissible under sub-rule (9) of Rule 1, Chapter IV has expired post the appeal or petition before the appropriate Bench for orders. The bench may either grant further time for rectifying the default or omission, or if it thinks fit dismiss the appeal or petition. (2) Any appeal or petition dismissed under sub-rule (1) may be re-admitted by Court if in application for re-admission is made accompanied by a certificate signed by the Registrar certifying that the defaut or omission for which the order of dismissal was passed has been rectified.”
Order XLI-8
Andhra Pradesh.- Same as that of Madras. Madras and Pondicherry “Letters Patent Appeals Rule 1. The Rules of Order XLI-A shall apply, so far as may be, to appeals to the High Court of Madras under Clause 15 of the Letters Patent of the said Court:
Provided that it shall not be necessary to file copies of the judgment and decree appealed from.
Rule 2. Notice of the appeal shall be given in manner prescribed by Order XLI-A, Rule 6. or if the party to be served has appeared in person, in manner prescribed by Rule 5 of the said Order.”
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