Order 41 CPC - Code of Civil Procedure - APPEALS FROM ORIGINAL DECREES

Order 41 CPC Description

1. Form of appeal. What to accompany memorandum

(1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the 1[judgment]:

2[Provided that where two or more suits have been tried together and a common judgment has been delivered therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate Court dispense with the filing of more than one copy of the judgment.]

(2) Contents of memorandum?The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative; and such grounds shall be numbered consecutively.

2[(3) Where the appeal is against a decree for payment of money, the appellant shall, within such time as the Appellate Court mav allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Court may think fit.]

1. Subs. by Act No. 46 of 1999 section 31 for certain words (w.e.f. 1-7-2002).

2. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

HIGH COURT AMENDMENTS

Allahabad.-In Order XLI, in rule 1,-

(1) in sub-rule (1), after the proviso, insert the following Explanation, namely:-

"Explanation.-The copy of the decree referred to in sub-rule (1) of rule 1 above shall include a deemed decree as provided in Order XX in clause (b) in sub-rule (2) of rule 6-A."

[Vide Notification. No. 345-VIId-134, dated 8th August, 1994 (w.e.f. 22-10-1994).]

(2) in sub-rule (2), insert the following proviso, namely;-

"Provided that the Court may, for sufficient reasons, accept a memorandum of appeal without a copy of the decree appealed from if the counsel for the appellant certifies that the copy has been applied for and has not yet been issued, subject to the copy being filed subsequently within the time granted by the Court." (w.e.f. 13-12-1969)

(3) Omit sub-rule (3),

[Vide Notification. No. 552/VIId-184 dated 30th October, 1993 published in Uttar Pradesh Gazette. Pt 2, pp. 1-2, dated 1st January, 1994.]

Andhra Pradesh.-In Order XLI, for rule 1, substitute the following rule, namely:-

"(1) Every appeal shall be preferred in the form of memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by such number of copies of judgment as may be required by the Rules or Notifications issued by the High Court and (unless the Appellate Court dispenses with the filing of the decree or judgment or both for the time being) the decree drawn pursuant to the said judgment," (w.e.f. 2-8-1988)

Bombay.-In Order XLI, for rule 1, substitute the following rule, namely:-

"1. Form of appeal, what to accompany memorandum.-(1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the decree appealed from-and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded:

Provided that where two or more suits have been tried together and a common judgment has been delivered, therefore and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate court may dispense with the filing of more than one copy of the judgment.

*[Explanation.-The copy of the decree-referred to in sub-rule (1) of rule 1 above shall include a deemed decree as provided in Order XX in clause (b) in sub-rule (2) of rule 6A],

(2) Contents of memorandum.-The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative; and such grounds shall be numbered consecutively.

(3) Where the appeal is against a decree for payment of money, the appellant shall, within such time as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Court may think fit:

Provided that the Court may dispense with the deposit or security where it deems fit to do so for sufficient cause.

(4) The appellant shall file along with the memorandum of appeal as many copies thereof on plain paper as there are respondents for being served on the respondents along with the notice of appeal:

Provided that the Court in its discretion may permit the appellant to file the necessary number of copies of the memorandum of appeal after the appeal is admitted, within such time as the Court may grant in this behalf." (w.e.f. 1-10-1983) and *(w.e.f. 9-12-1987)

Delhi.-Same as in Punjab, (w.e.f. 31-10-1966)

Haryana.-Same as in Punjab.

Himachal Pradesh.-Same as in Punjab, (w.e.f. 25-1-1971)

Karnataka.-(i) In Order XLI, in rule 1, in sub-rule (1), at the end, insert the proviso as in Madras, item (iii);

(ii) in sub-rule (2) at the end, insert the following, namely:-

"The memorandum shall also contain a statement of the amount or value of the subject-matter in dispute in the Court of first instance and in the appeal and a statement of the amount of Court-fee paid or payable on the appeal together with the provisions of law under which it is calculated".

[Vide Notification No. ROC 2296/59, dated 5th November, 1959.] ..

(iii) insert the following sub-rule, namely:-

(3) "When an appeal is presented after the period of limitation prescribed therefore it shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient cause for not preferring the appeal within such period, and the Court shall not proceed to deal with the appeal in any way (otherwise than by dismissing it either under rule 11 of this Order or on the ground that it is not satisfied as to the sufficiency of the reason for the delay) until notice has been given to the respondent and his objections, if any, are heard."

Kerala.-Same as in Madras items (ii), (iii) and (v) with the following modifications:-

(i) in item (ii), insert the following marginal note:-

"Copy of Judgment to be printed for appeal";

(ii) in item (iii), insert the following marginal note:-

"Power to admit appeal subject to production of copy of decree or Order under special or local Act."

[Vide Notification No. Bl-3312/58, dated 7th April, 1959.]

Madras.-In Order XLI, in rule 1,-

(i) in sub-rule (1), before, the word "copy", insert the word "certified", (w.e.f,

25-12-1963) (ii) to sub-rule (1), insert the following words, namely:-

"The copy of the judgment shall be printed copy in every case in which the High Court has prescribed that the judgment shall be printed when a copy is applied for, for the purpose of appeal."

[Vide GO No. 933, Home (Judl), dated 3rd May, 1917.]

(iii) in sub-rule {!), insert the following proviso, namely:-

"Provided that, in appeals from decrees or Order under any special or local Act to which the provisions or Parts II and III of the Limitation Act IX of 1908, do not apply and in which certified copies of such decrees or Orders have not been granted within the time prescribed for preferring an appeal, the Appellate Court may admit the memorandum of appeal subject to the production of the copy of the decree or Order appealed from within such time as may be fixed by the Court."

[Vide Dis. No, 2135 of 1918.]

(iv) in sub-rule (1), insert the following further proviso and Explanation, namely:

-

"Provided further that when the decree appealed from is a final decree in partition suit with Schedules attached thereto, the Appellate Court may dispense with the production of the copy of the decree, if the appellant filed a certified copy of the judgment appealed against and produces also a certificate from the Lower Court as to the value of the subject-matter of the proposed appeal."

[Vide P Dis. No. 97 of 1963, dated 20th March, 1963.]

"Explanation.-The words 'Appellate Court' in sub-rule (1) be deemed to include the Registrar of the High Court, where the appeal is preferred to the High Court." (w.e.f. 25-12-1963) (v) in sub-rule (2), at the end, insert the following words, namely:-

"The memorandum shall also contain a statement of the valuation of The appeal for the purposes of the Court-fees Act."

[Vide Dis. No. 2057 of 1917.]

Orissa.-Same as in Patna.

Patna,-(i) In Order XLI, in rule 1, in sub-rule (1), insert the following proviso, namely:-

"Provided that when the decree appealed from is a final decree in a partition suit and embodies the allotment papers, the Appellate Court may accept a copy of the decree containing only a portion of the allotment papers, provided further that the Appellate Court may, subsequently, on the application of the respondent require a copy of the remaining or any further portion of the allotment papers to be filed by the appellant."

(ii) insert the following as second proviso, namely:-

"Provided further that, in appeals from decrees or Orders under any special or local Act to which the provisions of Parts II and III of the Limitation Act, 1908, do not apply and in which certified copies of such decrees or Orders have not been granted within the time prescribed for preferring an appeal, the Appellate Court may admit the memorandum of appeal subject to the production of the copy of the decree or Order appealed from within such time as may be fixed by the Court" (w.e.f. 5-4-1961).

Punjab.-In Order XLI, in rule (1), in sub-rule (1), after the proviso, insert the following further proviso, namely:-

"Provided further that the Court may permit the appeal to be filed with true copies duly authenticated by an advocate as correct."

Rajasthan.-In Order XLI, in rule 1, insert the following proviso, namely:-

"Provided that when me decree appealed from is a final decree in a partition suit, the Appellate Court may dispense with the production of the copy of the decree if the appellant filed a certified copy of the judgment appealed against."

2. Grounds which may be taken in appeal

The appellant shall not except by leave of the Court, urge or be heard in support of any ground of objection not set forth in the memorandum of appeal, but the Appellate Court in deciding the appeal,' shall not be confined to the grounds of objections set forth in the memorandum of appeal or taken by leave of the Court under this rule:

Provided that the Court shall not rest its decision on any other ground unless the party who may be affected thereby has had a sufficient opportunity of contesting the case on that ground.

3. Rejection or amendment of memorandum

(1) Where the memorandum of appeal is not drawn up in the manner hereinbefore prescribed, it may be rejected, or be returned to the appellant for the purpose of being amended within a time to be fixed by the Court or be amended then and there.

(2) Where the Court rejects any memorandum, it shall record the reasons for such rejection.

(3) Where a memorandum of appeal is amended, the Judge, or such officer as he appoints in this behalf, shall sign or initial the amendment.

HIGH COURT AMENDMENT

Allahabad.-In Order XLI, in rule 3, for sub-rule (1), substitute the following sub-rule, namely:-

"(1) Where the memorandum of appeal is not drawn up in the manner in hereinbefore prescribed, or accompanied by the copies mentioned in rule 1(1),.it may be rejected, or where the memorandum of appeal is not drawn up in the manner prescribed, it may be returned to the appellant for the purpose of being amended within a time to be fixed by the Court or be amendment then and there."

[Vide Notification No. 2058/35{a), dated 17th June, 1916.]

1[3A. Application for condonation of delay

(1) When an appeal is presented after the expiry of the period of limitation specified therefor, it shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient cause for not preferring the appeal within such period.

(2) If the Court sees no reason to reject the application without the issue of a notice to the respondent, notice hereof shall be issued to the respondent and the matter shall be finally decided by the Court before it proceeds to deal with the appeal under rule 11 or rule 13, as the case may be.

(3) Where an application has been made under sub-rule (1), the Court shall not make an Order for the stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does not, after hearing under rule 11, decide to hear the appeal.]

1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.

Where there are more plaintiff or more defendants than one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case may be.

Stay of proceedings and of execution

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 Order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may for sufficient cause Order stay of execution of such decree.

1[Explanation?An Order by the Appellate Court for the stay of execution of the decree shall be effective from the date of the communication of such Order to the Court of first instance, but an affidavit sworn by the appellant, based on his personal knowledge, stating that an Order for the stay of execution of the decree has been made by the Appellate Court shall, pending the receipt from the Appellate Court of the Order for the stay of execution or any Order to the contrary, be acted upon by the Court of first instance.]

(2) Stay by Court which passed the decree?Where an application is made for Stay of execution of an appealable decree before the expiration of the time allowed for appealing therefrom, the Court which passed the decree may on sufficient cause being shown Order the execution to be stayed.

(3) No Order for stay of execution shall be made under sub-rule (1) or sub-rule (2) unless the Court making it is satisfied?

(a) that substantial loss may result to the party applying for stay of execution unless the Order is made;

(b) that the application has been made without unreasonable delay; and

(c) that security has been given by the applicant for the due performance of such decree or Order as may ultimately be binding upon him.

(4) 2[Subject to the provisions of sub-rule (3)], the Court may make an ex pane Order for stay of execution pending the hearing of the application.

3[(5) Notwithstanding anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an Order staying the execution of the decree.]

1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

2. Subs. by Act No. 104 of 1976 for certain words (w.e.f. 1-2-1977).

3. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

HIGH COURT AMENDMENTS

Allahabad.-In Order XLI, in rule 5, for sub-rule (5), substitute the following sub-rule, namely:-

"(5) Notwithstanding anything contained in the foregoing sub-rules where the appeal is against a decree for payment of money, the Appellate Court shall not make an Order staying the execution of the decree, unless the appellant shall, within such time as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Appellate Court may think fit."

[Vide Notification. No. 552/VII-d-134 dated 3rd October 1993, published in Uttar Pradesh Gazette Pt. II, pp. 1-2, dated 1st January, 1994.]

Andhra Pradesh.-Same as in Madras.

Calcutta.-In Order XLI, in rule 5, in sub-rule (2), for the words "but the Appellate Court may for sufficient cause Order stay of execution of such decree", substitute the words "but the Appellate Court may subject to sub-rule (3) of rule 6 of this Order, for sufficient cause Order stay of execution of such decree".

[Vide Notification No. 6874-G, dated 5th October, 1948.]

Karnataka.-In Order XLI, in rule 5, in sub-rule (1), at the end, insert the following words, namely:-

"and may, when the appeal is against a preliminary decree, stay the making of a final decree in pursuance of the said preliminary decree or the execution of any such final decree if already made or when made or stay all or any of the further proceedings to be taken pursuant to such preliminary decree.

Nothing herein contained shall affect or limit the inherent power of the Court to stay other proceedings either before it or any Court subordinate to it in appropriate cases."

[Vide Notification No. ROC 2296/59, dated 5th November, 1959.]

Kerala.-(a) Same as in Madras.

(b) in sub-rule (3), insert the following proviso, namely:-

"Provided that in the case of decree charging immovable properties the Appellate Court may in its discretion dispense with such security in whole or in part."

[Vide Notification No. Bl-312/58, dated 9th June, 1959.]

Madras.-In Order XLI, in rule 5,-

(a) in sub-rule {!}, after the words "but the Appellate Court may for sufficient cause Order stay of execution of such decree", insert the words "on such terms and conditions as the court may deem fit".

(b) in sub-rule (1), at the end, delete full stop and insert the following words, namely:- "and may, when the appeal is against a preliminary decree stay the making of a final decree in pursuance of the preliminary decree or the execution of any such final decree, if already made."

[Vide P Dis. No. 164 of 1932.]

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 sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of such property and for the due performance of the decree or Order of the Appellate Court, or the Appellate Court may for like cause direct the Court which passed the decree to take such security.

(2) Where an Order has been made for the sale of immovable property in execution of a decree, and an appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court which made the Order, be stayed on such terms as to giving security or otherwise as the Court thinks fit until the appeal is disposed of.

HIGH COURT AMENDMENT

Calcutta.-In Order XLI, in rule 6, after sub-rule (2), insert the following sub-rule, namely:-

"(3) Where no such application has been presented to the Court which made the Order as application for stay of the sale shall not be entertained by the appellate Court." (w.e.f. 5-10-1948)

7. [No security to be required from the Government or a public officer in certain cases. Rep. by the A.O. 1937.]

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 from an Order made in execution of such decree.

Procedure on admission of appeal

1[9. 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 presentation and shall register the appeal in a book of appeal kept for that purpose.

(2) Such book shall be called the register of appeal.]

1. Subs. by Act No. 46 of 1999.section 31 (w.e.f. 1-7-2002).

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 the application of the respondent, demand from the appellant security for the costs of the appeal, or of the original suit, or of both:

Where appellant resides out of India?Provided that the Court shall demand such security in all cases in which the appellant is residing out of India, and is not possessed of any sufficient immovable property within India other than the property (if any) to which the appeal relates.

(2) Where such security is not furnished within such time as the Court Orders, the Court shall reject the appeal.

HIGH COURT AMENDMENT

Allahabad.-In Order XLI, in rule 10, in sub-rule (1), in the proviso, for the word "India" occurring for the second time substitute the words "the State".

[Vide Notification No. 43/vii-d-29, dated 1st June, 1957.]

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 day, may dismiss the appeal.]

(2) If on the day fixed or any other day to which the hearing may be adjourned the appellant does not appear when the appeal is called on for hearing, the Court may make an Order that the appeal be dismissed.

(3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the appeal is preferred.

2[(4) Where an Appellate Court, not being the High Court, dismisses an appeal under sub-rule (1), it shall deliver a judgment, recording in brief its grounds for doing so, and a decree shall be drawn up in accordance with the judgment.]

1. Subs. by Act No. 46 of 1999, section 31 (w.e.f. 1-7-2002).

2. Ins. by Act No. 104 of 1976 (w.e.f 1-2-1977).

1[11 A. 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 sixty days from the date on which the memorandum of appeal is filed.]

1. Ins. by Act No. 104 of 1976 (w.e.f 1-2-1977).

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 business of the Court.]

1. Subs. by Act No. 46 of 1999, section 31 (w.e.f. 1-7-2002).

1[13. Omitted.]

1. Omitted by Act No. 46 of 1999, section 31 (w.e.f. 1-7-2002).

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 Court to the Court from whose decree the appeal is preferred, and shall be served on the respondent or on his pleader in the Appellate Court in the manner provided for the service on a defendant of a summons to appear and answer; and all the provisions applicable to such summons, and to proceedings with reference to the service thereof, shall apply to the service of such notice.

(2) Appellate Court may itself cause notice to be served?Instead of sending the notice to the Court from whose decree the appeal is preferred, the Appellate Court may itself cause the notice to be served on the respondent or his pleader under the provisions above referred to.

1(3) The notice to be served on the respondent shall be accompanied by a copy of the memorandum of appeal.

(4) Notwithstanding anything to the contrary contained in sub-rule (1), it shall not be necessary to serve notice of any proceeding incidental to an appeal on any respondent other than a person impleaded for the first time in the Appellate Court, unless he has appeared and filed an address for the service in the Court of first instance or has appeared in the appeal.

(5) Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.]

1. Ins. by Act No. 104 of 1976 (w.e.f 1-2-1977).

HIGH COURT AMENDMENTS

Allahabad.-In Order XLI, in rule 14, in sub-rule (1), for the words "or on his pleader in Appellate Court", substitute the following words, namely:-

"or on his pleader competent to service the notice on his behalf".

[Vide Notification No. 714-IVH-36A, dated 21st March, 1981.]

Andhra Pradesh.-In Order XLI, rule 14, in sub-rule (1), insert the following proviso, namely:-

"Provided that the Appellate Court may dispense with service of nonce on respondents who have remained absent, against whom the suit has proceeded ex parte in the Court from whose decree the appeal is preferred or who have been declared absent by the said Court."

Calcutta.-In Order XLI, in rule 14, after sub-rule. (2), insert the following sub-rule, namely:-

"(3) It shall be in the discretion of the Appellate Court to make an Order, at any stage of the appeal whether on its own motion, or ex parte, dispensing with service of such notice on any respondent who did not appear, either at the hearing in the Court whose decree is complained of or at any proceeding subsequent to the decree of that Court or on the legal representatives of any such respondent: Provided that-

(a) The Court may require notice of the appeal to be published in any newspaper or newspapers as it may direct.

(b) No such Order shall percolate any such respondent or legal representative from appearing to contest the appeal."

Delhi.-Same as in Punjab.

Guahati.-Same as in Calcutta.

Haryana.-Same as in Punjab.

Himachal Pradesh.-Same as in Punjab.

Kerala.-In Order XLI, after rule 14, insert the following rule, namely:-

"14A. Substitution of letter for notice.-(i) The Court may, notwithstanding anything hereinbefore contained, substitute for notice a letter signed by the Judge or such officer as he may appoint in this behalf, where the respondent is the Presiding Officer of a House of Parliament or of a State Legislature or the Chairman of a Committee thereof or, in the opinion of the Court of a rank entitling him to such mark of consideration."

Karnataka.-Same as in Andhra Pradesh.

Madras.-In Order XLI, in rule 14, in sub-rule (1), insert the following proviso, namely:-

"Provided that the Appellate Court may dispense with service of notice on respondent who have remained absent, against whom the suit has proceeded ex parte in the Court from whose decree the appeal is preferred or who have been declared absent by the said Court."

[Vide Notification No. 221 of 1976, published in Tamil Nadu Gazette, Pt. III, Sec. 2, dated 17th November, 1976.]

Orissa.-In Order XLI, in rule 14, after sub-rule (2), insert the following sub-rule, namely:-

"(2A) Where the passing of an ex parte interlocutory Order has, in the opinion of the Court, the effect of causing delay in any proceeding pending in a subordinate Court, notice shall issue simultaneously both to the respondent and to his pleader in the said proceeding in the subordinate Court, fixing a short date for return of the service. If the pleader has been served with the notice but the notice to the respondent is returned unnerved and no appearance is made on his behalf the Appellate Court may in its discretion declare the service on the pleader to be sufficient service on the respondent and shall intimate the same to the respondent by registered post at the cost of the appellant." (w.e.f. 14-5-4984)

Punjab.-In Order XIL, in rule 14,-

(i) in sub-rule (2), insert the following proviso, namely:-

"Provided that the notice shall be served on the Advocate of the party who appeared in the subordinate Court where the matter is still pending."

[Vide Notification. No. G.S.R. 39 C.A. 5/1908/S. 12257 (w.e.f. 11-4-1975).]

(ii) after sub-rule (2), insert the following sub-rule, namely:-

"(3) it shall be in the discretion of the Appellate Court to make an Order, at any stage of the appeal whether on the application of any party or on its own motion, dispensing with service of such notice on any respondent who did not appear, either at the hearing in the Court whose decree is complained of , or at any proceedings subsequent to the decree of that Court, or on the legal representatives of any such respondent: Provided that-

(a) that Court may require notice of the appeal to be published in any newspapers or in such other manner as it may direct;

(b) no such Order shall preclude any such respondent or legal representative from appearing to contest the appeal."

(iii) after sub-rule (3), insert the following sub-rules, namely:-

"(4) Where the respondent or any respondents has migrated to Pakistan and he cannot be served in the ordinary way, if the appeal has arisen out of a suit to obtain relief respecting, or compensation for wrong to immovable property, the notice shall be served on the Custodian of Evacuee Property, Punjab or Delhi, as the case may be. In all other cases, the notice shall be served on such Custodian and a copy of the notice shall be sent, by registered post, to the Secretary-General to the Pakistan Government.

(5) The provisions of sub-rule (4) shall mutatis mutandis apply to appellants, who have migrated to Pakistan and who cannot be served in the ordinary way." (iv) after sub-rule (5) insert the following sub-rule, namely:-

"(6) Every notice of appeal to a respondent other than a respondent stated to be pro forma shall be accompanied by a copy of the memorandum of appeal or, if so permitted, by a concise statement."

Kerala.-In Order XIL, after rule 14, insert the following rule, namely:-

"14A. Substitution of letter for notice.-(1) The Court may, notwithstanding anything herein before contained, substitute for notice a letter signed by the Judge or such officer as he may appoint in this behalf, where the respondent is the Presiding Officer of a House of Parliament or of a State Legislature or the Chairman of a Committee thereof or, in the opinion of the Court, of a rank entitling him to such mark of consideration.

(2) A letter substituted under sub-rule (1) shall contain all the particulars required to be stated in a notice and subject to the provisions of sub-rule (3), shall be treated in all respect as a notice.

(3) A letter so substituted may be sent to the respondent by post or by a special messenger selected by the Court, or in any other manner which the Court thinks fit; and where the respondent has an agent empowered to accept service, the letter may be delivered or sent to such agent." (w.e.f. 16-7-1963).

Orissa.-Same as in Patna.

Patna.-In Order XLI, after rule 14, insert the following rule, namely:-

"14A. The Appellate Court may, in its discretion, dispense with the service of notice herein before required on a respondent, or on the legal representatives of a deceased respondent, in a case where such respondent did not appear, either at any stage of the proceedings in the Court whose decree is appealed from or in any proceedings subsequent to die decree of that Court and no relief is claimed against such opposite party or respondent or his legal representative either in the original case or appeal."

115. Contents of Notice.

1. Rep. by the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) sec. 31 (w.e.f. 1-7-2002).]

HIGH COURT AMENDMENTS

Bombay.-In Order XLI, after rule 15, insert the following rule, namely:-

"15A. Dismissal for want of prosecution.-Where after the admission of an appeal the rules or the special directions of the Court require the appellant to take any steps in the prosecution of the appeal before a fixed date, and where after due notice intimating the steps to be taken the appellant fails to take such steps within the time prescribed by the rules or allowed by the Court, the Court may direct t