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Bare acts > Code of Civil Procedure, 1908 > Order 42 Rule 1
 
   


 

1. Procedure.- The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees.

HIGH COURT AMENDMENTS

Allahabad.- Substitute the following for Rule 1:

“1. The rules of Order XLI and Order XLI-A shall apply, so far as may he, to appeals from appellate decrees subject to the following proviso:


Every memorandum of appeal from an appellate decree shall be accompanied by a copy of the decree appealed from and unless the Court sees fit to dispense with either or all of them:

(1) a copy of the judgment on which the said decree if founded;

(2) a copy of the judgment of the Court of first instance; and

(3) a copy of the finding of the civil or the revenue Court, as the case may be, where an issue is remitted to such Court for decision.”(22-12-1951).

Assam and Nagaland.- Same as that of Calcutta.

Calcutta, Andaman and Nicobar Islands.- For Rule 1, substitute the following:

“1. The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees:

Provided that every memorandum of appeal from an appellate decree shall be accompanied by a copy of the decree appealed from and also (unless the Court sees fit to dispense with any or all of them), by copies of the judgment on which the said decree is founded and of the judgment and decree of the Court of first instance.”

Kerala.- After “Order XLI” and before “shall apply” insert “as modified by Order XLI-A’. Rajasthan.- Rule I shall be amended as follows:

“1. Procedure—The rules of Order XLI shall apply, so far as may be. to appeals from appellate decrees, subject to the following proviso.


Proviso same as that of Allahabad. (30-5-1956).

 

 

 

 

 

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