Report No. 163

Q.43. Order 41, rule 9 (Presentation and registration of memo of appeal): Clause 32(ii) of the Bill

Under existing Order 41, rule 1, 9, etc. the memorandum of appeal is to be presented to the appellate court. Thereafter (subject to technical scrutiny), the memo of appeal is admitted by the court (or its officer), who shall endorse thereon the date of presentation and enter it in the register of appeals.

In place of the above procedure, the Bill envisages a different scheme. The memorandum of appeal will be filed in the very court which pronounced the judgment. This is the gist of the amendment proposed in Order 41, rule 9 - though Order 41, rule 1 is not being amended in so many words, for this purpose. It is proposed that the trial court will forward the memo to the appellate court (though the suggested amendments do not make this specific provision explicitly).

How far do you favour this scheme?

[The amendments proposed by the Bill in Order 41, rules 11, 12, 13, 15, 18, 19 and 22 by clause 32(vii) are consequential, on those referred to in Questions 41, 42 above.].