Appeals from Original Decrees
1. Form of appeal.
What to accompany memorandum.—(1) Every appeal shall be preferred in the form
of a memorandum signed by the appellant or his pleader and presented to the
Court or to such officer as it appoints in this behalf. The memorandum shall be
accompanied by a copy of the 1[Judgment].
2[Provided
that where two or more suits have been tried together and a common judgment has
been delivered therefor and two or more appeals are filed against any decree
covered by that judgment, whether by the same appellant or by different
appellants, the Appellate Court may dispense with the filing of more than one
copy of the judgment.]
(2) Contents of
memorandum.—The memorandum shall set forth, concisely and under distinct heads,
the grounds of objection to the decree appealed from without any argument or
narrative; and such grounds shall be numbered consecutively.
3[(3)
Where the appeal is against a decree for payment of money, the appellant shall,
within such time as the Appellate Court may allow, deposit the amount disputed
in the appeal or furnish such security in respect thereof as the Court may
think fit.]
Note: 1. Subs. by Act 46 of
1999. s. 31 (w.e.f. 1-7-2002).
2. The proviso added by Act
104 of 1976, s. 87 (w.e.f. 1-2-1977).
3. Ins. by s. 87, ibid.
(w.e.f. 1-2-1977).
Part in Red is
original provisions from CPC reproduced here for reference.
Simplification:
Order XLI
Rule 1 stood amended to the effect that there may be one appeal against
the separate judgments and decrees if two or more than two Suits have been
tried together and a common judgment has been delivered. It shall be
accompanied by the copy of the judgment. Earlier, it was necessary to file the
copy of the degree also, and therefore, separate appeals were maintainable.
Reference:
http://www.nja.nic.in/16%20CPC.pdf
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