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, substitute the following:
"1. Procedure.-The rules of Order 41 and Order 41-A shall apply, so far as may be, to appeals from appellate decrees, subject to the following proviso.-(17-6-1916 and 22-12-1951).
Every memorandum of appeal from an appellate decree shall be accompanied by a copy of the decree appealed from and unless the Court sees fit to dispense with either or all of them
(1) a copy of the judgment on which the said decree is founded;
(2) a copy of the judgment of the Court of first instance; and
(3) a copy of the finding of the civil Court or the revenue Court, as the case may be, where an issue was remitted to such Court for decision."-(14-8-1948).
[Calcutta] :
For rule 1, substitute the following:
"1. The rules of Order 41 shall apply, so far as may be, to appeals from appellate decree:
Provided that every memorandum of appeal from an appellate decree shall be accompanied by a copy of the decree appealed from and also (unless the Court sees fit to dispense with any or all of them), by copies of the judgment on which the said decree is founded and of the judgment and decree of the Court of first instance."
[Gauhati] :
Same as that of Calcutta.
[Kerala] :
In Order 42, rule 1, after the words "The rules of Order 41" insert the words "as modified by Order 41-A".-(20-1-1970).
[Karnataka] :
For Order 42, substitute the following:
"1. The rules contained in Order XLI and Order XLI-A shall apply, so far as may be, to appeal to the High Court of Mysore from appellate decrees with the modifications contained in this Order.
2. The memorandum of appeal shall be accompanied by one certified copy each of the decree and judgment of the Court of the first instance and one certified copy each of the decree and judgment of the appellate Court.
3. If any ground of appeal is based upon the construction of a document, a copy of such document shall be presented with the memorandum of appeal, and if such document is not in the language of the Court a translation thereof or of a material portion thereof certified to be a true translation by the appellant's advocate shall be presented."-(5-11-1959).
[Rajasthan] :
Order 42, rule 1 substituted as follows:
"1. Procedure.-The rules of Order 41 shall apply, so far as may be, to appeals from appellate decrees, subject to the following proviso
Every memorandum of appeal from an appellate decree shall be accompanied by a copy of the decree appealed from and unless the Court sees fit to dispense with any or all of them
(1) a copy of the judgment on which the said decree is founded;
(2) a copy of the judgment of the Court of first instance; and
(3) a copy of the finding of the civil or the revenue Court, as the case may be, where an issue is remitted to such Court for decision."
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