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 formulate the substantial question of law as required by section 100 and in doing so, the Court may direct that the second appeal be heard on the question so formulated and it shall not be open to the appelant to urge any other ground in the appeal without the leave of the Court, given in accordance with the provision of section 100.]
State Amendment :
High Court Amendments-[Andhra Pradesh] :
(i) Same tis that of Madras except for sub-rule (1) of rule 2 (see infra).
(ii) For sub-rule (1) of rule 2, substitute the following:
"(1) The memorandum of appeal shall be printed or typewritten and shall be accompanied by the following papers: .
One certified copy of the decree of Court of first instance and of the appellate Court and four neatly typewritten or in any other way mechanically reproduced copies of each of the judgment of the said Courts, one copy of each judgment being a certified copy. The judgment shall be neatly typewritten or mechanically reproduced in any other way on both sides of white fulscap folio paper with double spacing and with two inches wide outer margin and about one inch wide inner margin, each page containing not more than thirty-two lines. 4'-(10-2-1977).
[Delhi] :
Same as that of Punjab-(31-10-1966).
[Himachal Pradesh] :
Same as that of Punjab-(25-1-1971).
[Kerala] :
In Order 42, after rule 1, the following rule shall be inserted:
"2.(1) Memo. to be typed or printed. What to accompany memorandum.-The memorandum of appeal shall be printed or typewritten and shall be accompanied by a certified copy of the decree and judgment of the appellate Court of first instance.
(2) Copies of documents to be construed.-If any ground of appeal is based upon the construction of a document, a true copy of such document shall be presented with the memorandum of appeal."-(9-6-1959).
[Punjab] :
Add the following as rule 2:
"2. In addition to the copies specified in Order 41, rule 1, the memorandum of appeal shall be accompanied by a copy of the judgment of the Court of first instance, unless the appellate Court dispenses therewith."-(19-3-1926).
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1. Inserted by Act 104 of 1976, section 88 (w.e.f. 1-2-1977).
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