Report No. 79

Chapter 5

Procedure in Appeals-general

I. Stages of Delay

5.1. Scope of Chapter.-

We propose to discuss in this Chapter certain matters concerning appellate procedure in regard to which there is need for improvement. We shall concentrate only on those matters that need attention, but it will be convenient to mention the chronological stages of the process of appeals, and to refer to the causes of delay at every stage.

5.2. Delay in making appeals ready for hearing.-

An appeal must be made ready for hearing before it can be heard. Delay in making an appeal ready for hearing, and in the hearing, can be dealt with in this order, with reference to the various stages of the process-

(1) delay in making available certified copies of the judgments and decrees of the Subordinate Courts so as to enable the aggrieved party to file an appeal, or (though the copies are ready), delay in presenting the appeal,1

(2) delay in the scrutiny and registration of the appeal,2

(3) delay by way of the requirement of preliminary hearing,3

(4) delay in the preparation of notice of appeal and its service,4

(5) delay in the preparation of the paper books for the use of the court for hearing the appeal,5

(6) delay in final hearing.6

Certain special issues relevant to appeals from interlocutory orders could be separately dealt with.7

Before an appeal can be filed in the appellate court, there are certain prerequisites that have to be complied with. After the appeal is presented, it has to be scrutinised. After scrutiny, there is a preliminary hearing for admission. If it is admitted, notice has to be served on the respondent and (in the High Courts) a paper book has to be prepared, as required by rules made by the High Court for regulating its appellate procedure.

1. Paras. 5.3, 5.4 and 5.5, infra.

2. Paras. 5.6 and 5.7, infra.

3. Para. 5.8, infra.

4. Paras. 5.10 to 5.16, infra.

5. Paras. 5.17 to 5.28, infra.

6. Chapter 6, infra.

7. Paras. 5.27 to 5.30, infra.