Wednesday, 13 January 2021

Form of appeal: O41 R1

Code of Civil Procedure

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.

Code of Civil Procedure


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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