Order XLI: Appeals From Original Decrees
40 Rules of the First Schedule to the Code of Civil Procedure, 1908.
This Order may be one Rule short. India Code publishes the Rules of the First Schedule without recording which Order each one belongs to. We recover that from the Government's own consolidated text of the Code, and for this Order one Rule did not settle beyond doubt. Rather than print it under an Order it might not belong to, it is left out and this note put in its place. Everything shown here is where the Code puts it.
Rules 40
- Rule 1. Form of appeal. What to accompany memorandum 206 words
- Rule 2. Grounds which may be taken in appeal 96 words
- Rule 3. Rejection or amendment of memorandum 86 words
- Rule 3A. Application for condonation of delay 176 words
- Rule 4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all 71 words
- Rule 5. Stay by Appellate Court 380 words
- Rule 6. Security in case of order for execution of decree appealed from 163 words
- Rule 7. [No security to be required from the Government or a public officer in certain cases.] 22 words
- Rule 9. Registry of memorandum of appeal 66 words
- Rule 10. Appellate Court may require appellant to furnish security for costs 125 words
- Rule 11. Power to dismiss appeal without sending notice to Lower Court 158 words
- Rule 11A. Time within which hearing under rule 11 should be concluded 56 words
- Rule 12. Day for hearing appeal 49 words
- Rule 13. [Appellate Court to give notice to Court whose decree appealed from.] 27 words
- Rule 14. Publication and service of notice of day for hearing appeal 253 words
- Rule 15. [Contents of notice.] 22 words
- Rule 16. Right to begin 58 words
- Rule 17. Dismissal of appeal for appellants default 92 words
- Rule 18. [Dismissal of appeal where notice not served in consequence of appellants failure to deposit cost. ] 33 words
- Rule 19. Re-admission of appeal dismissed for default 89 words
- Rule 20. Power to adjourn hearing and direct persons appearing interested to he made respondents 140 words
- Rule 21. Re-hearing on application of respondent against whom ex parte decree made 78 words
- Rule 22. Upon hearing respondent may object to decree as if he had preferred separate appeal 260 words
- Rule 23. Remand of case by Appellate Court 120 words
- Rule 23A. Remand in other cases 63 words
- Rule 24. Where evidence on record sufficient Appellate Court may determine case finally 59 words
- Rule 25. Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from 138 words
- Rule 26. Findings and evidence to be put on record. Objections to findings 60 words
- Rule 26A. Order of remand to mention date of next hearing 71 words
- Rule 27. Production of additional evidence in Appellate Court 172 words
- Rule 28. Mode of taking additional evidence 46 words
- Rule 29. Points to be defined and recorded 34 words
- Rule 30. Judgment when and where pronounced 165 words
- Rule 31. Contents, date and signature of judgment 69 words
- Rule 32. What judgment may direct 58 words
- Rule 33. Power of Court of Appeal 279 words
- Rule 34. Dissent to be recorded 45 words
- Rule 35. Date and contents of decree 179 words
- Rule 36. Copies of judgment and decree to be furnished to parties 25 words
- Rule 37. Certified copy of decree to be sent to Court whose decree appealed from 65 words
Other Orders
Order I 16Order II 7Order III 6Order IV 2Order V 34Order VI 20Order VII 21Order VIII 20Order IX 14Order X 7Order XI 23Order XI 7Order XII 11Order XIII 11Order XIII-A 8Order XIV 7Order XV 4Order XV-A 8Order XVI 23Order XVI-A 7Order XVII 3Order XVIII 20Order XIX 6Order XX 24Order XXA 2Order XXI 120Order XXII 14Order XXIII 7Order XXIV 4Order XXV 2Order XXVI 29Order XXVII 12Order XXVII-A 6Order XXVIII 3Order XXIX 3Order XXX 10Order XXXI 3Order XXXII 18Order XXXII-A 5Order XXXIII 22Order XXXIV 17Order XXXV 6Order XXXVI 6Order XXXVII 7Order XXXVIII 14Order XXXIX 12Order XL 5Order XLI 40Order XLII 3Order XLIII 3Order XLIV 3Order XLV 18Order XLVI 8Order XLVII 9Order XLVIII 3Order XLIX 3Order L 1Order LI 1
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