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Bare acts > Code of Civil Procedure, 1908 > Order 42 Rule 3
 
   


 

3. Application of rule 14 of Order XLI.- Reference in sub-rule (4) of rule 14 of Order XLI to the court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a reference to the court to which the appeal was preferred from the original decree or order.

HIGH COURT AMENDMENTS

Andhra Pradesh.- Same as that of Madras.

Delhi and Himachal Pradesh.- Same as that of Punjab.

Kerala, Laccadive. Minicoy and Amindivi Islands.- In Order XLII, after Rule I the following rule shall be inserted, namely:

“2. Memo to be typed or printed.— What to accompany memorandum.

(1) The memorandum of appeal shall be printed or type written and shall be accompanied by a certified copy of the decree and judgment of the Appellate Court and (unless the Court dispenses therewith) a certified copy of the decree and judgment of the Court of first instance.

(2) Copies of documents to be construed.— If any ground of appeal is based upon the construction 01 a document, a true copy of such document shall be presented with the memorandum of appeal.”

Karnataka.- Substitute the following for Order XLII:

“1. The Rules contained in Order XLI and Order XLI-A shall apply, so far as may be, to appeals to the High Court of Mysore from appellate decrees with the modifications contained in this Order.

2. The memorandum of appeal shall be accompanied by one certified copy each of the decree and judgment of the Court of the first instance and one certified copy each of the decree and judgment of the Appellate Court.

3. If any ground of appeal is based upon the construction of a document a copy of such document shall be presented with the memorandum of appeal, and if such document is not in the language of the Court a translation thereof or of a material portion thereof certified to be a true translation by the appellant’s Advocate shall he presented”.

Madras and Pondicherry.- Substitute the following for Order XLII:


“ORDER XLII


Appeals from Appellate decrees

1. The rules of Order XLI and Order XLI-A shall apply, so far as may he, to appeals to the high Court of Judicature at Madras from appellate decrees with the modifications contained in this Order.

2. (1) The memorandum of appeal shall be printed or typewritten and shall be accompanied by the following papers;

(2) One certified copy of the decrees of the Court of first instance and of the Appellate Court and four printed copies of each of the judgments of the said Courts, one copy of each judgment being a certified copy;

(3) If any ground of appeal is based upon the construction of a document, a printed or typewritten copy of such document shall he presented with the memorandum of appeal:


Provided that if such document is not in the English language and the appellant appears by a pleader, an English translation of the document certified by the pleader to be a correct translation shall he presented.

3. If the appellant fails 10 comply with this rule, the appeal may be dismissed”. (18-10-1917). Punjab, Haryana and Chandigarh.- Add the following as Rule 2;

“2, In addition to the copies specified in Order XLI, Rule 1, the memorandum of appeal shall he accompanied by a copy of the judgment of the Court of first instance, unless the Appellate Court dispenses therewith.”

Order XLII-A

Kerala, Laccadive, Minicoy and Amindivi Islands.- After Order XLII, the following Order shall be added, namely:


“ORDER XLII-A


Appeals from Decrees and Orders of Single Judge to Division Bench of the high Court

Procedure.— The Rules of Orders XLI and XLI-A shall apply, so far as may he, to appeals from decrees and orders of a Single Judge to a Division Bench.” (9-6-1959).

 

 

 

 

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