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. (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 field 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 tr. n the appeal from defending it.
HIGH COURT AMENDMENTS
Allahabad.- In Order XLI in Rule 14, in sub-rule (1), for the words “or on his pleader in the Appellate Court” the following word shall be substituted, namely— “or on his pleader competent to receive the notice on his behalf’. (Noti. No. 714-IVI-l-36-A, dated 21.3.1981). Andhra Pradesh and Karnataka.- Insert the following as a proviso to sub-rule (1): “Provided that the Appellate Court may dispense with service of notice on respondents, against whom the suit has proceeded exparte in the Court from whose decree the appeal is preferred.” Calcutta, Andaman and Nicobar Islands and Gauhati (Assam, Nagaland, Meghalaya, Manipur and Tripura).- Insert the following as sub-rule (3): “(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 preclude any such respondent or legal representative from appearing to contest the appeal.”
Delhi, Himachal Pradesh and Punjab, 1-laryana and Chandigarh.- (i) Add the following as sub-rule (3): “(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.” (ii) Add the following as sub-rules (4) and (5): “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 the ordinary way.’ (iii) After sub-rule (5) add the following as sub-rule (6): “(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,” Madras and Pondicherry.- Insert the following as a proviso to sub-rule (1) Provided that the Appellate Court may dispense with service of notice 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.” P. Dis. No. 221 of 1976) - TN. Gaz., 17.11.1976, Pt. Ill, S. 2, p. 108. Orissa.- (i) Add the following as sub-rule (1-A): “(2-A) 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 unserved 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.” (14.5.1984). (ii) Delete sub-rule (4) of Orissa Amendment. (14-5-1984). Punjab, Haryana and Chandigarh.- The following proviso shall be added to sub-rule (2) to Rule 14 of Order XLI: “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 Noti. No. GSR 39 GA. 5/1908/S. 12257 w.e.f. 11.4.1975).
Rule 14-A
Kerala, Laccadive, Minicoy and Amindivi Islands.- Add the following as Rule 14-A, namely: “Rule 14-A. Substitution of Letter for notice.— (1) 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 Ligislature 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 be 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.” (16.7.1963). Orissa.- Same as that of Patna. Patna.- Add the following Rule 14-A “Rule 14-A. The Appellate Court may, in its discretion, dispense with the service of notice here in he fore 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 the 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.”
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