RULES | ORDER XLI : CODE OF CIVIL PROCEDURE, 1908 |
| |
| ORDER XLI : Appeals from Original Decrees |
| |
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 |
| 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 | [Repealed] |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 |
| 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] |
| 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 |
| 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 |
| 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 |