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Report No. 27

Order XLI, rule 26

After rule 26 of Order XLI of the First Schedule to the principal Act, the following rule shall be inserted namely:-

"26A. Order of remand to mention date of next hearing.-Wherever the Appellate Court remands a case under rule 23 or rule 23A, or frames issues and refers them for trial under rule 25, it shall fix a date for the appearance of the parties before the Court from whose decree the appeal was preferred for the purpose of receiving the directions of that Court as to further proceedings in the suit."

Order XL1, rule 27

In rule 27 of Order XLI of the First Schedule to the principal Act, in sub-rule (1), after clause (a), the following clause shall be inserted, namely:-

"(aa) the party seeking additional evidence satisfies the Appellate Court that such evidence, notwithstanding the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree appealed against was passed, or."

Order XLI, rule 30

Rule 30 of Order XLI of the First Schedule to the principal Act shall be re-numbered as sub-rule (1) thereof, and after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted, namely:-

"(2) Where a written judgment is to be pronounced, it shall be sufficient if the points for determination, the decision thereon and the final order passed in the appeal are read out, and it shall not be necessary for the Court to read out the whole judgment; but a copy of the whole judgment shall be made available for the perusal of the parties or their pleaders immediately after the judgment is pronounced."

Order XLIII, rule 1

In rule 1 of Order XLIII of the First Schedule to the principal Act,-

(a) after clause (j), the following clause shall be inserted, namely:-

"(jj) an order rejecting an application made under sub-rule (1) of rule 105 of Order XXI, provided an order on the original application, that is to say, the application referred to in sub-rule (1) of rule 104 of that Order is appealable;"

(b) in clause (r), after the word and figure "rule 2", the word, figure and letter "rule 2A" shall be inserted;

(c) in clause (u), after the figures "23", the words, figures and letter "or rule 23A" shall be inserted.

Order XLIV, rule 1A (New)

After rule 1 of Order XLIV of the First Schedule to the principal Act, the following rule shall be inserted, namely:-

"1A. Grant of time for payment of court-fees.-Where an application is rejected under rule 1, the Court may, while rejecting the application, allow the applicant to pay the requisite court-fee within such time as may be fixed by the Court or extended by it from time to time; and upon such payment the memorandum of appeal in respect of which such fee is payable shall have the same force and effect as if such fee had been paid in the first instance."

Order XLIV, rule 2

In rule 2 of Order XLIV of the First Schedule to the principal Act, in the proviso, after the words "sue or appeal", the words "or defend the suit or appeal" shall be inserted.

Order XLVII, rule 7

In rule 7 of Order XLVII of the First Schedule to the principal Act, for sub-rule (1), the following sub-rule shall be substituted, namely:-

"(1) An order of the Court rejecting the application shall not be appealable; but an order granting an application may be objected to .............at once by an appeal from that order or in any appeal from the final decree or order passed or made in the suit."

First Schedule, Appendix E, Form No. 16A (New)

In Appendix E to the First Schedule to the principal Act, after Form No. 16, the following Form shall be inserted, namely:-



Code of Civil Procedure, 1908 Back




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