19. Re-admission of appeal dismissed for default.- Where an appeal is dismissed under rule 11, sub-rule (2) or rule 17 [***, the appellant may apply to the Appellate Court for the re-admission of the appeal; and, where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing or from depositing the sum so required, the court shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit.
HIGH COURT AMENDMENTS
Andhra Pradesh.- Same as that of Madras. Bombay, Dadra and Nagar Haveli, Goa, Daman and Diu.- In Order XLI, for the existing Rule 19 and its marginal note substitue the following as Rule 19 and marginal note: “19. Re-admission of appeal dismissed for default.— Where an appeal is dismissed under Rule 11, sub-rule (2), or Rule 18-A or Rule 17 or Rule 18, the appellant may apply to the Appellate Court for readmission of the appeal and where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing or in taking the necessary steps in the prosecution of the appeal or from depositing the sum so required the Court shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit.” (1.10.1983) and (1.4.1987). Delhi, Gujarat, Karnataka, Himachal Pradesh, Madras, Punjab, Haryana and Chandigarh.- (15.4.1955)-Re- number Rule 19 as Rule 19(l) and insert the following as sub-rule (2): “(2) The provisions of Section 5 of the Indian Limitation Act, 1908, shall apply to applications under sub-rule (1).” (15th April, 1955). Kerala.- Same as that of Madras (9.6.1959).
Madhya Pradesh.- Substitute “sub-rule (2), or Rule 15-A, or Rule 17” for “sub-rule (2) of Rule 17”. (16.9.1960).
Orissa.- Deleted (14.5.1984).
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