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Report No. 79

5. Procedure in appeals: General

(24) Delay occurs in making the appeal ready for hearing at various stages.1

(a) As to time taken in obtaining copy of the judgment, Order 20, rules 6A and 6B, Code of Civil Procedure (newly inserted) would expedite the filing of appeal without waiting for certified copies2 of the judgment and decree.

(b) If an appeal is filed beyond the prescribed time, Order 4, rule 3A of the Code now requires that the application for extension of time should be first decided.3

(25) As to scrutiny, the court should register the memorandum of appeal within seven days of its presentation and, within that period, the office should note all the defects therein. The appellant should be directed to cure the defect within a specified time limit (not exceeding fifteen days), subject to extension by the Registrar for further fifteen days failing that the appeal4 should, without further delay, be placed before the court for necessary order.

(26) Administrative machinery for the scrutiny of appeals should be toned up.5

(27) Elimination of preliminary hearing of appeals is not favoured. It would encourage the filing of frivolous appeals, particularly to seek interim relief.6

(28) (a) The appellant should be required to produce, along with the memorandum of appeal, printed forms furnished in duplicate, duly filled up.7

(b) The appellant should also file as many copies of the memorandum as there are respondents, and additional number of copies for the court.8

(c) Charges or process fee for service should also be paid when the appeal is presented. The notice can be sent to the respondents by registered post, within a time to be fixed under the rules.9

(d) Early service of the notice of appeal will undoubtedly enable quick disposal of appeal.10

(29) Paper books are essential for ensuring proper hearing of appeals (particularly, hearing by benches), but there is scope for improvement in certain matters of detail.11

(30) Record of the lower court, where required for appeal, should be promptly sent for by the High Court. Except in appeals against interlocutory orders, this should be done immediately on admission.12

(31) In appeals against interlocutory orders, the record should be sent for only if specifically ordered by the High Court.13

(32) The party who has to file a document etc. should get it translated by counsel. If that translation is questioned, the official translator will translate the document.14

(33) Except where the High Court otherwise directs, parties may be allowed to type or cyclostyle the records.15

(34) (a) On receipt of the record (from the lower court), the parties should be intimated.

(b) The appellant in all regular first civil appeals should file copies of the documents (listed in the Report) within four months of receipt of the record, or such further time as the court may allow.16

(c) Within two weeks of filing (as above) of the paper books, the copies should be supplied to counsel for the respondent.17

(d) Within two months of the receipt of the above (or such further time as the court may allow), the respondents should file their paper books, containing copies of depositions, documents, etc. upon which they wish to rely and which have not been already filed by the appellant.8

(c) The respondent's paper books so filed should, within a week, be supplied to counsel for appellant and counsel for other respondents.19

[Reference to 'copies' above would include reference to translations.20

(f) Documents exempted by the High Court for the purpose of printing need not be included in the paper book.21

(35) The above suggestions have been made for introducing uniformity and accelerating the process of preparation of paper books.22

(36) Powers regarding preparation of paper books may be delegated to the appropriate officer of the High Court, subject to a provision for orders of the court in cases of non-compliance. These orders would include dismissal of the appeal, award of costs or direction to hear the appeal without filing of further papers, so that the papers not filed will be barred from being referred to at the hearing.23

(37) Scrutiny by the office should see that unnecessary documents do not burden the paper book. If the court finds in the paper book irrelevant documents, it may order payment of the cost occasioned by their inclusion, irrespective of the ultimate result of the appeal.24

(38) In appeals or revisions against interlocutory orders, records of the court below should not be sent for, unless expressly ordered by the court. The petitioner or appellant should be required to file attested copies.25

(39) In such appeals or revisions, service may be effected on the counsel representing the respondent in the suit or proceeding in trial court26 except in the case of injunction.27

1. Paras. 5.1 and 5.2.

2. Paras. 5.3 and 5.4.

3. Para. 5.5.

4. Para. 5.6.

5. Para. 5.7 (Order 41, rule 11, Code of Civil Procedure referred to).

6. Paras. 5.8 and 5.9.

7. Paras. 5.10 and 5.11.

8. Para. 5.11.

9. Para. 5.12.

10. Paras. 5.13 and 5.14.

11. Para. 5.15.

12. Para. 5.16.

13. Para. 5.17.

14. Para. 5.18.

15 Para. 5.19.

16 Para. 5.20.

17. Para. 5.21.

18. Para. 5.22.

19. Para. 5.22.

20. Para. 5.23.

21. Para. 5.23.

22. Para. 5.24.

23. Para. 5.25.

24. Para. 5.25.

25. Paras. 5.26.

26. Paras. 5.27 and 5.28.

27. Para. 5.28 (Order 3, rule 43, C.P.C. to be amended).



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