Archives for: "April 2019"
(3) Plaints : Form No 11 : On a Foreign Judgment :
The Code Of Civil Procedure 1908 (3) Plaints : Form No 11 : On a Foreign Judgment : (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ........... day of ........... 20........... , at ........... , in the State [or Kingdom] of the… more »
(3) Plaints : Form No 10 : On an Award :
The Code Of Civil Procedure 1908 (3) Plaints : Form No 10 : On an Award : (Title) A. B., the above-named, plaintiff, states as follows:- 1. On the ........... day of ........... 20 ........... , the plaintiff and defendant, having a difference between… more »
(3) Plaints : Form No 9 : Use and Occupation :
The Code Of Civil Procedure 1908 (3) Plaints : Form No 9 : Use and Occupation : (Title) A.B., the above-named plaintiff, executor of the will of X. Y., deceased, states as follows:- 1. That the defendant occupied the [house No..........., street], by… more »
(3) Plaints : Form No 8 : Services and Materials at a..
The Code Of Civil Procedure 1908 (3) Plaints : Form No 8 : Services and Materials at a Reasonable Cost : (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...........day of ........... 20 ....... , at..........., the plaintiff… more »
(3) Plaints : Form No. 7 : Services at a Reasonable..
The Code Of Civil Procedure 1908 (3) Plaints : Form No. 7 : Services at a Reasonable Rate : (Title) A. B., the above-named plaintiff, states as follows:- 1. Between the ........... day of ........... 20..........., and the ........... day of… more »
(3) Plaints : Form No. 6 : Deficiency Upon a Re-sale..
The Code Of Civil Procedure 1908 (3) Plaints : Form No. 6 : Deficiency Upon a Re-sale [Goods Sold at Auction] : (Title) A. B., the above-named plaintiff, states as follows:- 1. On the...................... day of ........... 20..........., the plaintiff… more »
(3) Plaints : Form No. 5 : Goods Made at Dependent's..
The Code Of Civil Procedure 1908 (3) Plaints : Form No. 5 : Goods Made at Dependent's Request, and not Accepted : (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ...................... day of ........... 20........... , E.F.… more »
(3) Plaints : Form No. 4 : Goods Sold at a Reasonable ..
The Code Of Civil Procedure 1908 (3) Plaints : Form No. 4 : Goods Sold at a Reasonable Price and Delivered : (Title) A. B., the above-named plaintiff, states as follows:- 1. On the ........... day of........... 20........... , plaintiff sold and… more »
(3) Plaints : Form No. 3 : Goods Sold at a Fixed Price..
The Code Of Civil Procedure 1908 (3) Plaints : Form No. 3 : Goods Sold at a Fixed Price and Delivered : (Title) A. B., the above-named plaintiff states as follows :- 1. On the ........... day of........... 20........... , E.F. sold and delivered to the… more »
(3) Plaints : Form No. 2 : Money Overpaid :
The Code Of Civil Procedure 1908 (3) Plaints : Form No. 2 : Money Overpaid : (Title) A.B., the above named plaintiff, states as follows :- 1. On the ........... day of........... 20........... the plaintiff agreed to buy and the defendant agreed to sell… more »
Appendix A : Form No. 1 : Money Lent :
The Code Of Civil Procedure 1908 Appendices To The First Schedule : (3) Plaints : Form No. 1 : Money Lent : (Title) A.B., the above-named plaintiff, states as follows : 1. On the ............................ day of 20 ............................ he… more »
Appendix A : Pleadings : (1) Titles Of Suits :
The Code Of Civil Procedure 1908 Appendices To The First Schedule : Forms: Appendix A : Pleadings : (1) Titles Of Suits : In The Court Of A.B. (add description and residence)... ... ... Plaintiff against C.D. (add descritption and residence) Defendant… more »
Order 51 Rule 1 : Presidency Small Cause Courts :
The Code Of Civil Procedure 1908 Order 51 : Presidency Small Cause Courts : Rule 1 : Presidency Small Cause Courts : Save as provided in rules 22 and 23 of Order V, rules 4 and 7 of Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause… more »
Order 50 Rule 1 : Provincial Small Cause Courts :
The Code Of Civil Procedure 1908 Order 50 : Provincial Small Cause Courts : Rule 1 : Provincial Small Cause Courts : The provisions hereinafter specified shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of… more »
Order 49 Rule 3 : Application of rules :
The Code Of Civil Procedure 1908 Order 49 : Rule 3 : Application of rules : The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, namely:- (1) rule 10 and rule 11,… more »
Order 49 Rule 2 : Saving in respect of Chartered High..
The Code Of Civil Procedure 1908 Order 49 : Rule 2 : Saving in respect of Chartered High Courts : Nothing in this Schedule shall be deemed to limit or otherwise affect any rules in force at the commencement of this Code for the the taking of evidence or… more »
Order 49 Rule 1 : Who may serve processes of High Court :
The Code Of Civil Procedure 1908 Order 49 : Chartered High Courts : Rule 1 : Who may serve processes of High Court : Notice to produce documents, summonses to witnesses, and every other judicial process, issued in the exercise of the original civil… more »
Order 48 Rule 3 : Use of forms in appendices :
The Code Of Civil Procedure 1908 Order 48 : Rule 3 : Use of forms in appendices : The forms given in the appendices, with such variation as the circumstances or each case may require, shall be used for the purpose therein mentioned. State Amendment :… more »
Order 48 Rule 2 : Orders and notices how served :
The Code Of Civil Procedure 1908 Order 48 : Rule 2 : Orders and notices how served : All orders, notices and other documents required by this Code to be given to or served on any person shall be served in the manner provided for the service of summons.… more »
Order 48 Rule 1 : Process to be served at expense of..
The Code Of Civil Procedure 1908 Order 48 : Miscellaneous : Rule 1 : Process to be served at expense of party issuing : (1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court… more »
Order 47 Rule 9 : Bar of certain application :
The Code Of Civil Procedure 1908 Order 47 : Rule 9 : Bar of certain application : No application to review an order made on an application for a review or a decree or order passed or made on a review shall be entertained. State Amendment : Order 47,… more »
Order 47 Rule 8 : Registry of application granted, and..
The Code Of Civil Procedure 1908 Order 47 : Rule 8 : Registry of application granted, and order for re-hearing : When an application for review is granted, a note thereof shall be made in the register and the Court may at once re-hear the case or make… more »
Order 47 Rule 7 : Order of rejection not appealable..
The Code Of Civil Procedure 1908 Order 47 : Rule 7 : Order of rejection not appealable. Objections to order granting application : 1.[(1) An order of the Court rejecting the application shall not be appealable; but an order granting an application may… more »
Order 47 Rule 6 : Application where rejected :
The Code Of Civil Procedure 1908 Order 47 : Rule 6 : Application where rejected : (1) Where the application for a review is heard by more than one judge and the Court is equally divided, the application shall be rejected. (2) Where there is a majority,… more »
Order 47 Rule 5 : Application for review in Court..
The Code Of Civil Procedure 1908 Order 47 : Rule 5 : Application for review in Court consisting of two or more judges : Where the Judge or Judges, or any one of the judges, who passed the decree or made the order a review of which is applied for,… more »
Order 47 Rule 4 : Application where rejected :
The Code Of Civil Procedure 1908 Order 47 : Rule 4 : Application where rejected : (1) Where it appear to the Court that there is not sufficient ground for a review, it shall reject the application. (2) Application where granted.-Where the Court is of… more »
Order 47 Rule 3 : Form of applications for review :
The Code Of Civil Procedure 1908 Order 47 : Rule 3 : Form of applications for review : The provisions as to the form of preferring appeals shall apply mutatis mutandis, to applications for review. INSTALL Android APP *Note : All content on this… more »
Order 47 Rule 2 : To whom applications for review..
The Code Of Civil Procedure 1908 Order 47 : Rule 2 : [To whom applications for review may be made.] : Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), Section 14. INSTALL Android APP *Note : All content on this website is… more »
Order 47 Rule 1 : Application for review of judgment :
The Code Of Civil Procedure 1908 Order 47 : Review : Rule 1 : Application for review of judgment : (1) Any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b)… more »
Order 46 Rule 7 : Power to District Court to submit for..
The Code Of Civil Procedure 1908 Order 46 Rule 7 : Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes : (1) Where it appears to a District Court that a Court subordinate thereto has, by reason… more »
Order 46 Rule 6 : Power to refer to High Court questions..
The Code Of Civil Procedure 1908 Order 46 Rule 6 : Power to refer to High Court questions as to jurisdiction in small causes : (1) Where at any time before judgment a Court in which a suit has been instituted doubts whether the suit is cognizable by a… more »
Order 46 Rule 5 : Power to alter, etc., decree of Court..
The Code Of Civil Procedure 1908 Order 46 Rule 5 : Power to alter, etc., decree of Court making reference : Where a case is referred to the High Court under rule 1 or under the proviso to section 113, the High Court may return the case for amendment,… more »
Order 46 Rule 4A : Reference to high Court under..
The Code Of Civil Procedure 1908 Order 46 Rule 4A : 1.[Reference to high Court under proviso to section 113 : The provisions of rules 2, 3 and 4 shall apply to any reference by the Court under the proviso to section 113 as they apply to a reference… more »
Order 46 Rule 4 : Costs of reference to High Court :
The Code Of Civil Procedure 1908 Order 46 Rule 4 : Costs of reference to High Court : The costs (is any) consequent on a reference for the decision of the High Court shall be costs in the case. INSTALL Android APP *Note : All content on this… more »
Order 46 Rule 3 : Judgment of High Court..transmitted..
The Code Of Civil Procedure 1908 Order 46 Rule 3 : Judgment of High Court to be transmitted and case disposed of accordingly : The High Court, after hearing the parties if they appear and desire to be heard, shall decide the point so referred, and shall… more »
Order 46 Rule 2 : Court may pass decree contingent ..
The Code Of Civil Procedure 1908 Order 46 Rule 2 : Court may pass decree contingent upon decision of High Court : The Court may either stay the proceedings or proceed in the case notwithstanding such reference, and may pass a decree or make an order… more »
Order 46 Rule 1 : Reference of question to High Court :
The Code Of Civil Procedure 1908 Order 46 Reference : Rule 1 : Reference of question to High Court : Where, before or on the hearing of a suit or an appeal in which the decree is not subject to appeal, or where, in the execution of any such decree, any… more »
Order 45 Rule 17 : Appeals to Federal Court :
The Code Of Civil Procedure 1908 Order 45 : Rule 17 : [Appeals to Federal Court] : Rep. by the Federal Court, 1941 (21 of 1941), Section 2. State Amendment : High Court Amendments-[Punjab] : Order XLV has been substituted by Notification dated 21-12-73.… more »
Order 45 Rule 16 : Appeal from order .. execution :
The Code Of Civil Procedure 1908 Order 45 : Rule 16 : Appeal from order relating to execution : The orders made by the Court which executes the 1.[decree or order] of 2.[the Supreme Court], relating to such execution, shall be appealable in the same… more »
Order 45 Rule 15 : Procedure to enforce orders of..
The Code Of Civil Procedure 1908 Order 45 : Rule 15 : Procedure to enforce orders of the Supreme Court : (1) Whoever desires to obtain execution of 1.[any decree or order] of 2.[the Supreme Court] shall apply by petition, accompanied by a certified copy… more »
Order 45 Rule 14 : Increase of security found..
The Code Of Civil Procedure 1908 Order 45 : Rule 14 : Increase of security found inadequate : (1) Where at any time during the pendency of the appeal the security furnished by either party appears inadequate, the Court may, on the application of the… more »
Order 45 Rule 13 : Powers of Court pending appeal :
The Code Of Civil Procedure 1908 Order 45 : Rule 13 : Powers of Court pending appeal : (1) Notwithstanding the grant of a certificate for the admission of any appeal, the decree appealed from shall be unconditionally executed, unless the Court otherwise… more »
Order 45 Rule 12 : Refund of balance deposit :
The Code Of Civil Procedure 1908 Order 45 : Rule 12 : Refund of balance deposit : When the copy of the record, except as aforesaid, has been transmitted to the Supreme Court, the appellant may obtain a refund of the balance (if any) of the amount which… more »
Order 45 Rule 11 : Effect of failure to comply with..
The Code Of Civil Procedure 1908 Order 45 : Rule 11 : Effect of failure to comply with order : Where the appellant fails to comply with such order, the proceedings shall be stayed, and the appeal shall not proceed without an order in this behalf of… more »
Order 45 Rule 10 : Power to order further security or..
The Code Of Civil Procedure 1908 Order 45 : Rule 10 : Power to order further security or payment : Where at any time after the admission of an appeal but before the transmission of the copy of the record, except as aforesaid, to the Supreme Court such… more »
Order 45 Rule 9A : Power to dispense with notices..
The Code Of Civil Procedure 1908 Order 45 : Rule 9A : 1.[Power to dispense with notices in case of deceased parties : Nothing in these rules requiring any notice to be served on or given to an opposite party or respondent shall be deemed to require any… more »
Order 45 Rule 9 : Revocation of acceptance of security :
The Code Of Civil Procedure 1908 Order 45 : Rule 9 : Revocation of acceptance of security : At any time before the admission of the appeal the Court may, upon cause shown, revoke the acceptance of any such security, and make further directions thereon.… more »
Order 45 Rule 8 : Admission of appeal and procedure..
The Code Of Civil Procedure 1908 Order 45 : Rule 8 : Admission of appeal and procedure thereon : Where such security has been furnished and deposit made to the satisfaction of the Court, the Court shall- (a) declare the appeal admitted, (b) give notice… more »
Order 45 Rule 7 : Security and deposit required on grant..
The Code Of Civil Procedure 1908 Order 45 : Rule 7 : Security and deposit required on grant of certificate : (1) Where the certificate is granted, the applicant shall, within 1.[ninety days or such further period, not exceeding sixty days, as the Court… more »
Order 45 Rule 6 : Effect of refusal of certificate :
The Code Of Civil Procedure 1908 Order 45 : Rule 6 : Effect of refusal of certificate : Where such certificate is refused, the petition shall be dismissed. INSTALL Android APP *Note : All content on this website is for only educational purpose… more »
Order 45 Rule 5 : Remission of dispute to Court ..
The Code Of Civil Procedure 1908 Order 45 : Rule 5 : [Remission of dispute to Court of first instance] : Repealed by the Code of civil Procedure (Amendment) Act,1973 (49 of 1973) Section 4 (w.e.f. 1-2-1977). INSTALL Android APP *Note : All… more »
Order 45 Rule 4 : Consolidation of suits :
The Code Of Civil Procedure 1908 Order 45 : Rule 4 : [Consolidation of suits] : Repealed by the Code of civil Procedure (Amendment) Act,1973 (49 of 1973) Section 4 (w.e.f. 1-2-1977). INSTALL Android APP *Note : All content on this website is… more »
Order 45 Rule 3 : Certificate as to value or fitness :
The Code Of Civil Procedure 1908 Order 45 : Rule 3 : Certificate as to value or fitness : 1.[(1) Every petition shall state the grounds of appeal and pray for a certificate- (i) that the case involves a substantial question of law of general importance,… more »
Order 45 Rule 2 : Application to Court whose complained..
The Code Of Civil Procedure 1908 Order 45 : Rule 2 : Application to Court whose complained of : 1.[(1)] Whoever desires to appeal 2.[the Supreme Court] shall apply by petition to the Court whose decree is complained of. 3.[(2) Every petition under… more »
Order 45 Rule 1 : "Decree" defined :
The Code Of Civil Procedure 1908 Order 45 : Appeals To The 1.[Supreme Court] : Rule 1 : "Decree" defined : In this Order, unless there is something repugnant in the subject or context, the expression "decree" shall include a final order. ---------- 1.… more »
Order 44 Rule 3 : Inquiry as to whether applicant..
The Code Of Civil Procedure 1908 Order 44 : Rule 3 : 1.[Inquiry as to whether applicant is an indigent person : (1) Where an applicant, referred to in rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal… more »
Order 44 Rule 2 : 1.[Grant of time for payment of..
The Code Of Civil Procedure 1908 Order 44 : Rule 2 : 1.[Grant of time for payment of court-fee : 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… more »
Order 44 Rule 1 : Who may appeal as an indigent..
The Code Of Civil Procedure 1908 Order 44 : 1.[Appeals By Indigent Persons] : Rule 1 : Who may appeal 2.[as an indigent person] : 3.[(1) Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may… more »
Order 43 Rule 2 : Procedure :
The Code Of Civil Procedure 1908 Order 43 : Rule 2 : Procedure : The rules of Order XLI shall apply, so far as may be, to appeals from orders. State Amendment : High Court Amendments-[Allahabad] : In Order 43, rule 2, between the words "the rules of… more »
Order 43 Rule 1A : Right to challenge non-appealable..
The Code Of Civil Procedure 1908 Order 43 : Rule 1A : 1.[Right to challenge non-appealable orders in appeal against decree : (1) Where any order is made under this Code against a party and there upon any judgment is pronounced against such party and a… more »
Order 43 Rule 1 : Appeal from orders :
The Code Of Civil Procedure 1908 Order 43 : Appeals From Orders : Rule 1 : Appeal from orders : An appeal shall lie from the following orders under the provisions of section 104, namely:- (a) an order under rule 10 of Order VII returning a plaint to be… more »
Order 42 Rule 3 : Application of rule 14 of Order XLI :
The Code Of Civil Procedure 1908 Order 42 : Rule 3 : 1.[Application of rule 14 of Order XLI : Reference in sub-rule (4) of rule 14 of Order XLI to the Court of first instance shall, in the case of an appeal from an appellate decree or order, be… more »
Order 42 Rule 2 : Power of Court to direct that..
The Code Of Civil Procedure 1908 Order 42 : Rule 2 : 1.[Power of Court to direct that the appeal be heard on the question formulated by it : At the time of making an order under rule 11 or Order XLI for the hearing of a second appeal, the Court shall… more »
Order 42 Rule 1 : Procedure :
The Code Of Civil Procedure 1908 Order 42 : Appeals From Appellate Decrees : Rule 1 : Procedure : The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees. State Amendment : High Court Amendments-[Allahabad] : For rule 1,… more »
Order 41 Rule 37 : Certified copy of decree to be sent..
The Code Of Civil Procedure 1908 Order 41 : Rule 37 : Certified copy of decree to be sent to Court whose decree appealed from : A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf,… more »
Order 41 Rule 36 : Copies of judgment and decree..
The Code Of Civil Procedure 1908 Order 41 : Rule 36 : Copies of judgment and decree to be furnished to parties : Certified copies of the judment and decree in appeal shall be furnished to the parties on application to the Appellate Court and at their… more »
Order 41 Rule 35 : Date and contents of decree :
The Code Of Civil Procedure 1908 Order 41 : Decree In Appeal : Rule 35 : 1.[Date and contents of decree : (1) The decree of the Appellate Court shall bear date the day of which the judgment was pronounced. (2) The decree shall contain the number of the… more »
Order 41 Rule 34 : Dessent to be recorded :
The Code Of Civil Procedure 1908 Order 41 : Rule 34 : Dessent to be recorded : Where the appeal is heard by more judges that one, any judge dissenting from the judgment of the court shall state in writing the decision or order which he thinks should be… more »
Order 41 Rule 33 : Power of Court of Appeal :
The Code Of Civil Procedure 1908 Order 41 : Rule 33 : Power of Court of Appeal : The Appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order… more »
Order 41 Rule 32 : What judgment may direct :
The Code Of Civil Procedure 1908 Order 41 : Rule 32 : What judgment may direct : The judgment may be for confirming, varying or reversing the decree from which the appeal is preferred, or, if the parties to the appeal agree as to the form which the… more »
Order 41 Rule 31 : Contents, date and signature of..
The Code Of Civil Procedure 1908 Order 41 : Rule 31 : Contents, date and signature of judgment : The judgment of the Appellate Court shall be in writing and shall state- (a) the points for determination; (b) the decision thereon; (c) the reasons for the… more »
Order 41 Rule 30 : Judgment when and where pronoun..
The Code Of Civil Procedure 1908 Order 41 : Judgment In Appeal : Rule 30 : Judgment when and where pronounced : 1.[(1)] The Appellate Court, after hearing the parties or their pleaders and referring to any part of the proceedings, whether on appeal or… more »
Order 41 Rule 29 : Points to be defined and recorded :
The Code Of Civil Procedure 1908 Order 41 : Rule 29 : Points to be defined and recorded : Where additional evidence is directed or allowed to be taken, the Appellate Court shall specify the points to which the evidence is to be confined and record on… more »
Order 41 Rule 28 : Mode of taking additional evidence :
The Code Of Civil Procedure 1908 Order 41 : Rule 28 : Mode of taking additional evidence : Wherever additional evidence is allowed to be produced, the Appellate Court may either take such evidence or direct the Court from whose decree the appeal is… more »
Order 41 Rule 27 : Production of additional evidence..
The Code Of Civil Procedure 1908 Order 41 : Rule 27 : Production of additional evidence in Appellate Court : (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court, But if-… more »
Order 41 Rule 26A : Order of remand to mention date..
The Code Of Civil Procedure 1908 Order 41 : Rule 26A : 1.[Order of remand to mention date of next hearing : Where 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… more »
Order 41 Rule 26 : Finding and evidence to be put on..
The Code Of Civil Procedure 1908 Order 41 : Rule 26 : Finding and evidence to be put on record. Objections to finding : (1) Such evidence and findings shall form part of the record in the suit; and either party may within a time to be fixed by the… more »
Order 41 Rule 25 : Where Appellate Court may frame..
The Code Of Civil Procedure 1908 Order 41 : Rule 25 : Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from : Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue,… more »
Order 41 Rule 24 : Where evidence on record sufficient..
The Code Of Civil Procedure 1908 Order 41 : Rule 24 : Where evidence on record sufficient, Appellate Court may determine case finally : Where the evidence upon the record is sufficient to enable the Appellate Court to pronounce judgment, the Appellate… more »
Order 41 Rule 23A : Remand in other cases :
The Code Of Civil Procedure 1908 Order 41 : Rule 23A : 1.[Remand in other cases : Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a retrial… more »
Order 41 Rule 23 : Remand of case by Appellate Court :
The Code Of Civil Procedure 1908 Order 41 : Rule 23 : Remand of case by Appellate Court : Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate… more »
Order 41 Rule 22 : Upon hearing respondent may object..
The Code Of Civil Procedure 1908 Order 41 : Rule 22 : Upon hearing respondent may object to decree as if he had preferred a separate appeal : (1) Any respondent, though he may not have appealed from any part of the decree, may not only support the… more »
Order 41 Rule 21 : Re-hearing on application of respond..
The Code Of Civil Procedure 1908 Order 41 : Rule 21 : Re-hearing on application of respondent against whom BIex parte decree made : Where an appeal is heard ex parte and judgment is pronounced against the respondent, he may apply to the Appellant Court… more »
Order 41 Rule 20 : Power to adjourn hearing and direct..
The Code Of Civil Procedure 1908 Order 41 : Rule 20 : Power to adjourn hearing and direct persons appearing interested to be made respondents : 1.[(1)]Where it appears to the Court at the hearing that any person who was a party to the suit in the Court… more »
Order 41 Rule 19 : Re-admission of appeal dismissed..
The Code Of Civil Procedure 1908 Order 41 : Rule 19 : Re-admission of appeal dismissed for default : Where an appeal is dismissed under rule 11, sub-rule (2) or rule 17 1.[***]the appellant may apply to the Appellate Court for the re-admission of the… more »
Order 41 Rule 18 : Dismissal of appeal where notice..
The Code Of Civil Procedure 1908 Order 41 : Rule 18 : 1.[Dismissal of appeal where notice not served in consequence of appellant's failure to deposit costs : Where on the day fixed, or on any other day to which the hearing may be adjourned, it is found… more »
Order 41 Rule 17 : Dismissal of appeal for appellants..
The Code Of Civil Procedure 1908 Order 41 : Rule 17 : Dismissal of appeal for appellants default : (1) Where on the day fixed, or on any other day which the hearing may be adjourned, the appellant does not appear when the appeal is called on for… more »
Order 41 Rule 16 : Right to begin :
The Code Of Civil Procedure 1908 Order 41 : Procedure On Hearing : Rule 16 : Right to begin : (1) On the day fixed, or on any other day to which the hearing may be adjourned, the appellant shall he heard in support of the appeal. (2) The Court shall… more »
Order 41 Rule 15 : Contents of notice :
The Code Of Civil Procedure 1908 Order 41 : Rule 15 : 1.[Contents of notice : The notice to the respondent shall declare that, if he does not appear in the Appellate Court on the day so fixed, the appeal will be heard ex parte.] State Amendment : High… more »
Order 41 Rule 14 : Publication and service of notice of..
The Code Of Civil Procedure 1908 Order 41 : Rule 14 : Publication and service of notice of day for hearing appeal : (1) Notice of the day fixed under rule 12 shall be affixed in the Appellate Court-house, and a like notice shall be sent by the Appellate… more »
Order 41 Rule 13 : Appellate Court to give notice..
The Code Of Civil Procedure 1908 Order 41 : Rule 13 : 1.[Appellate Court to give notice to Court whose decree appealed from : (1) Where the appeal is not dismissed under rule 11, the Appellate Court shall send notice of the appeal to the Court from… more »
Order 41 Rule 12 : Day for hearing appeal :
The Code Of Civil Procedure 1908 Order 41 : Rule 12 : Day for hearing appeal : (1) Unless the Appellate Court dismisses the appeal under rule 11, it should fix a day for hearing the appeal. 1.[(2)Such day shall be fixed with reference to the current… more »
Order 41 Rule 11A : Time within which hearing under..
The Code Of Civil Procedure 1908 Order 41 : Rule 11A : 1.[Time within which hearing under rule 11 should be concluded : Every appeal shall be heard under rule 11 as expeditiously as possible and endeavour shall be made to conclude such hearing within… more »
Order 41 Rule 11 : Power to dismiss appeal without..
The Code Of Civil Procedure 1908 Order 41 : Rule 11 : Power to dismiss appeal without sending notice to Lower Court : 1.[(1)The appellate Court after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that… more »
Order 41 Rule 10 : Appellate Court may require appellant..
The Code Of Civil Procedure 1908 Order 41 : Rule 10 : Appellate Court may require appellant to furnish security for costs : (1) The Appellate Court may in its discretion, either before the respondent is called upon to appear and answer or afterwards on… more »
Order 41 Rule 9 : Registry of memorandum of appeal :
The Code Of Civil Procedure 1908 Order 41 : Procedure On Admission Of Appeal : Rule 9 : 1.[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… more »
Order 41 Rule 8 : Exercise of powers in appeal from..
The Code Of Civil Procedure 1908 Order 41 : Rule 8 : Exercise of powers in appeal from order made in execution of decree : The powers conferred by rules 5 and 6 shall be exercisable where an appeal may be or has been preferred not from the decree but… more »
Order 41 Rule 7 : No security to be required..
The Code Of Civil Procedure 1908 Order 41 : Rule 7 : 1.[No security to be required from the Government or a public officer in certain cases.] : Rep. by the A.O. 1937. ---------- 1. Order XXVII, rule 8A, supra. INSTALL Android APP *Note : All content… more »
Order 41 Rule 6 : Security in case of order for execution..
The Code Of Civil Procedure 1908 Order 41 : Rule 6 : Security in case of order for execution of decree appealed from : (1) Where an order is made for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, on… more »
Order 41 Rule 5 : Stay by Appellate Court :
The Code Of Civil Procedure 1908 Order 41 : Stay Of Proceedings And Of Execution : Rule 5 : Stay by Appellate Court : (1) An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appellate Court may… more »