Indian Laws in English

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 Order 41" and "shall apply" insert the words "and Order 41-A".-(22-12-1951).
[Andhra Pradesh] :
Rules 2 and 3-Same as those of Madras.
[Karnataka] :
(i) Omit rule 2.
(ii) Add the following rules:
"2. The rules contained in Orders 41 and 41-A shall apply, so far as may be, to appeals from the orders specified in rule 1 and other orders of any subordinate Court from which an appeal to the High Court is allowed under the provisions of any law:
Provided that in the case of appeals against interlocutory orders made prior to decree or final order, the Court which passed the order appealed from need not send the records of the case unless an order has been made by the High Court for stay of further proceedings in that Court but send only such records as may be called by the High Court.
3. Rules contained in Order 42 shall apply, so far as may be, to appeals from appellate orders."-(5-11-1959).
[Kerala] :
In Order 43 for rule 2 the following rule shall be sustituted, namely:
"2. Rules in Order 41, Order 41-A and Order 42, rule 2(2) to apply.-The rules of Order 41, Order 41-A and Order 42, rule 2(2) shall apply, so far as may be, to appeals from the orders specified in rule 1 and other orders of any civil Court from which an appeal to the High Court is allowed under any provisions of law.
When records to be sent up by lower Court.-Provided that in the case of appeals against interlocutory orders made prior to decree, the Court which passed the order appealed from shall not send the records of the case unless an order has been made for stay of further proceedings in that Court."-(9-6-1959 and 15-10-1968).
[Madras] :
(1) In Order 43, substitute the following for rule 2:
"2. The rules of Order 41 and Order 41-A shall apply, so far as may be, to appeals from the orders specified in rule 1 and other orders of any civil Court from which an appeal to the High Court is allowed under any provision of law:
Provided that in the case of appeals against interlocutory orders made prior to decree, the Court which passed the order appealed from shall not send the records of the case unless an order has been made for stay of further proceedings in that Court."
(2) Add the following as rule 3 of Order 43:
"3.(1) The provisions of Order 42 shall apply, so far as may be, to appeals from appellate orders.
(2) A memorandum of appeal from an appellate order shall be accompanied by a certified copy of the judgment and of the decree or order of the Court of first instance, and by a certified copy of the judgment and of the order of the appellate Court.
(3) If any ground of appeal is based upon the construction of a document, a printed or typewritten copy of such document shall be presented with the memorandum of appeal:
Provided that, if such document is not in the English language and the appellant appears by a Pleader, an English translation of the document certified by the Pleader to be a correct translation shall be presented."
[Punjab, Haryana and Chandigarh] :
In Order 43, for rule 2, substitute as follows:-
"The rules of Order 41 shall apply, so far as may be, to appeals from orders:
Provided that in the case of appeals against interlocutory orders, the Court which passed the order appealed from shall not send the records of the case unless summoned by the appellate Court."-(Punjab 28-1-1983; Haryana 25-1-1983 and Chandigarh 1-4-1983).       

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