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Bare acts > Code of Civil Procedure, 1908 > Order 43 Rule 2
 
   


 

2. Procedure.- The rules of Order XLI shall apply, so far as may be, to appeals from orders.


HIGH COURT AMENDMENTS

Allahabad.- In Rule 2 between the words “the rules of Order XLI” and “shall apply” insert the words “and Order XLI-A”. (22.12.1951).

Andhra Pradesh.- Same as those of Madras.

Kerala Laccadive, Minicoy and Amindivi Islands.- Substitute the following for Rule 2:

“2. The Rules of’ Order XLI, Order XLI-A and Order XLII, Rule 2(2) shall apply, so far as may he, to appeals from the Orders specified in Rule 1 and other orders of any Civil Court from which an appeal to the High Court is allowed under any provision of law:

Provided that in the case of appeals against interlocutory orders made prior to decree the Court which passed the order appealed from shall not send the records of the case unless an order has been made for stay of further proceedings in that Court.”(9.6.1959) and (15.10.1968).

Karnataka.- Omit Rule 2, Add the following rules:

“2. The rules contained in Order XLI and XLI-A shall apply, so far as may be, to appeals from the orders specified in Rule I and other orders of any subordinate Court from which an appeal to the High Court is allowed under the provisions of any law:

Provided that in the case of appeals against interlocutory orders made prior to decree or final order, the Court which passed the order appealed from need not send the records of the case unless an order has been made by the High Court for stay of further proceedings in that Court but send only such records as may he called by the High Court.

3. Rules contained in Order XLII and apply, so far as may be, to appeals from appellate order.”

Madras and Pondicherry.- (1) Substitute the following for Rule 2:

“2. The Rules of Order XLI and Order XLI-A shall apply, so far as may be, to appeals from the orders specified in Rule 1 and other orders of any Civil Court from which an appeal to the High Court is allowed under any provision of law.
Proviso same as in Rule 2 of Kerala.

(2) Add the following as Rule 3:

“3. Appeals from appellate orders.— (1) The provisions of Order XLII shall apply, as far as may be, in appeals from appellate orders.

(2) A memorandum of appeal from an appellate order shall be accompanied by a certified copy of the judgment and of the decree or order of the Court of first instance, and by a certified copy of the judgment and of the order of the Appellate Court.

(3) If any ground of appeal is based upon the construction of a document, a printed or typewritten copy of such document shall be 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 be presented.”

Punjab, Haryana (Chandigarh).- Substitute Rule 2 as follows —

“2. The rules of 0. 41 shall apply, so far as may be, to appeals from orders:

Provided that in the case of appeals against interlocutory orders, the Court which passed the order appealed from shall not send the records of the case unless summoned by the Appellate Court.” (28.1.1983).

 

 

 

 

 

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