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Report No. 27

Order XLI, rule 11

1. This carries out the recommendation made in the Fourteenth Report1. The object is to provide that even where the appellate court dismisses an appeal without notice to the lower court, it shall deliver a formal judgment and a decree shall be drawn up.

2. It appears to be unnecessary to impose this requirement where the appeal is dismissed for default under sub-rule (2).

1. 14th Report, Vol. I. For uniformity, a general amendment is proposed.

Order XLI, rule 11 and appeals under section 47

A recommendation was made in the Fourteenth Report1 to the effect that in the case of orders in execution of money-decrees, restrictions should be placed on the right of appeal by requiring the appellant judgment-debtor to deposit, or at least to give security for, the decretal amount, as a condition precedent to the admission of the appeal. The Report referred to the proposal of the Civil Justice Committee2 to that effect, and recommended the acceptance of the proposal.

The Civil Justice Committee had stated that after trial, it was only just that such a protection should be given to the successful decree-holder. It is, however, considered that the imposition of such a rigid provision may cause hardship. The change has not, therefore, been carried out.

1. 14th Report, Vol. I.

2. Civil Justice Committee Report, p. 401.

Code of Civil Procedure, 1908 Back

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