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Code of Civil Procedure, 1908


ORDER XLI

APPEALS FROM ORIGINAL DECREES

1. Form of appeal.

What to accompany memorandum.

Contents of memorandum.

2. Grounds which may be taken in appeal.

3. Rejection or amendment of memorandum.

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 [Repealed.]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.

Register of appeals.

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.

12. Day for hearing appeal.

13. Appellate Court to give notice to Court whose decree appealed from.

Transmission of papers to Appellate Court.

Copies of exhibits in Court whose decree appealed from.

14. Publication and service of notice of day for hearing appeal.

Appellate Court may itself cause notice to be served.

15. Contents of notice.

Procedure on hearing

16. Right to begin.

17. Dismissal of appeal for appellant's default.

Hearing appeal ex parse.

18. Dismissal of appeal where notice not served in consequence of appellant's failure to deposit costs.

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 who ex parse 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.

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. Objections to finding. Determination of

appeal.

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 not 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.



Code of Civil Procedure, 1908 Back




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