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Report No. 163

32. Amendment of Order XLI.-

In the First Schedule, in Order XLI,-

(i) in sub-rule (1) of rule 1, for the words and brackets "decree appealed from and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded", the word "judgment" shall be substituted;

(ii) for rule 9, the following rule shall be substituted, namely:-

"9. Registry of memorandum of appeal.-(1) The Court from whose decree an appeal lies shall entertain the memorandum of appeal and shall endorse thereon the date of presentation and shall register the appeal in a book of appeal kept for that purpose.

(2) Such book shall be called the register of appeal.";

(iii) in rule 11, for sub-rule (1), the following sub-rule shall be substituted, namely:-

"(1) The Appellate Court after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that day may dismiss the appeal";

(iv) in rule 12, for sub-rule (2), the following sub-rule shall be substituted, namely:-

"(2) Such day shall be fixed with reference to the current business of the court.";

(v) rules 13, 15 and 18 shall be omitted;

(vi) in rule 19, the words and figures "or rule 18" shall be omitted; (vi) in rule 22, sub-rule (3) shall be omitted.

The Code of Civil Procedure (Amendment) Bill, 1997 Back

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