(c) pay the amount due from him as the Court directs; and

(d) be responsible for any loss occasioned to the property by his wilful default or gross negligence.
4. Enforcement of receiver’s duties.—Where a receiver—
(a) fails to submit his accounts at such periods and in such form as the Court directs, or
(b) fails to pay amount due from him as the Court directs, or
(c) occasions loss to the property by his wilful default or gross negligence,
the Court may direct his property to be attached and may sell such property, and may apply the proceeds to
make good any amount found to be due from him or any loss occasioned by him, and shall pay the balance
(if any) to the receiver.
5. When Collector may he appointed receiver.—Where the property is land paying revenue to the
Government, or land of which the revenue has been assigned or redeemed, and the Court considers that the
interests of those concerned will be promoted by the management of the Collector, the Court may, with the
consent of the Collector, appoint him to be receiver of such property.
ORDER XLI
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.
1
[(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.]
2. Grounds which may be taken in appeal.—The appellant shall not, except by leave of the Court,
urge or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the
Appellate Court, in deciding the appeal, shall not be confined to the grounds of objections set forth in the
memorandum of appeal or taken by leave of the Court under this rule:
Provided that the Court shall not rest its decision on any other ground unless the party who may be
affected thereby has had a sufficient opportunity of contesting the case on that ground.
3. Rejection or amendment of memorandum.—(1) Where the memorandum of appeal is not drawn
up in the manner hereinbefore prescribed, it may be rejected, or be returned to the appellant for the purpose
of being amended within a time to be fixed by the Court or be amended then and there.
(2) Where the Court rejects any memorandum, it shall record the reasons for such rejection.
(3) Where a memorandum of appeal is amended, the judge, or such officer as he appoints in this behalf,
shall sign or initial the amendment.
1
[3A. Application for condonation of delay.—(1) When an appeal is presented after the expiry of the
period of limitation specified therefore, it shall be accompanied by an application supported by affidavit
setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient cause for not
preferring the appeal within such period.

1. Subs. by Act 46 of 1999, s. 31, for certain words, (w.e.f. 1-7-2002).

2. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).

215
 (2) If the Court sees no reason to reject the application without the issue of a notice to the respondent,
notice hereof shall be issued to the respondent and the matter shall be finally decided by the Court before
it proceeds to deal with the appeal under rule 11 or rule 13, as the case may be.
(3) Where an application has been made under sub-rule (1), the Court shall not make an order fact the
stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does
not, after hearing under rule 11, decide to hear the appeal.]
4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds
on ground common to all.—Where there are more plaintiffs or more defendants than one in a suit, and the
decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one
of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the Appellate Court
may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case may be.
Stay of proceedings and of execution
5. Stay by Appellate Court.—(I) An appeal shall not operate as a stay of proceedings under a decree
or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be
stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may for
sufficient cause order stay of execution of such decree.
1
[Explanation.—An order by the Appellate Court for the stay of execution of the decree shall be
effective from the date of the communication of such order to the Court of first instance, but an affidavit
sworn
by the appellant, based on his personal knowledge, stating that an order for the stay of execution of the
decree has been made by the Appellate Court shall, pending the receipt from the Appellate Court of the
order for the stay of execution or any order to the contrary, be acted upon by the Court of first instance.]
(2) Stay by Court which passed the decree.—Where an application is made for stay of execution of
an appealable decree before the expiration of the time allowed for appealing therefrom, the Court which
passed the decree may on sufficient cause being shown order the execution to be stayed.
(3) No order for stay of execution shall be made under sub-rule (1) or sub-rule (2) unless the Court
making it is satisfied—
(a) that substantial loss may result to the party applying for stay of execution unless the order is
made;
(b) that the application has been made without unreasonable delay; and
(c) that security has been given by the applicant for the due performance of such decree or order as
may ultimately be binding upon him.
(4) 1[Subject to the provision of sub-rule (3),] the Court may make an ex parte order for stay of
execution pending the hearing of the application.
2
[(5) Notwithstanding anything contained in the foregoing sub-rules, where the appellant fails to make
the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an order
staying the execution of the decree.]
6. Security in case of order for execution of decree appealed from.—(1) Where an order is made
for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, on
sufficient cause being shown by the appellant, require security to be taken for the restitution of any property
which may be or has been taken in execution of the decree or for the payment of the value of such property
and for the due performance of the decree or order of the Appellate Court, or the Appellate Court may for
like cause direct the Court which passed the decree to take such security.
(2) Where an order has been made for the sale of immovable property in execution of a decree, and an
appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court
which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit
until the appeal is disposed of.

1. Subs. by Act 104 of 1976, s. 87, for certain words (w.e.f. 1-2-1977).
2. Ins. by s. 87, ibid. (w.e.f. 1-2-1977).

216
 7. 1[No security to be required from the Government or a public officer in certain cases.] Rep. by the
A.O. 1937.
8. Exercise of power in appeal from order made in execution of decree.—The powers conferred by
rules 5 and 6 shall be exercisable where an appeal may be or has been preferred not from the decree but
from an order made in execution of such decree.
Procedure on admission of appeal
2
[9. Registry of memorandum of appeal.—(1) The Court from whose decree an appeal lies shall
entertain the memorandum of appeal and shall endorse thereon the date of presentation and shall register
the appeal in a book of appeal kept for that purpose.
(2) Such book shall be called the register of appeal.]
10. Appellate Court may require appellant to furnish security for costs.—(1) The Appellate Court
may in its discretion, either before the respondent is called upon to appear and answer or afterwards on the
application of the respondent, demand from the appellant security for the costs of the appeal, or of the
original suit, or of both:
Where appellant resides out of India.—Provided that the Court shall demand such security in all
cases in which the appellant is residing out of 3[India], and is not possessed of any sufficient immovable
property within 5[India] other than the property (if any) to which the appeal relates.
(2) Where such security is not furnished within such time as the Court orders, the Court shall reject the
appeal.
11. Power to dismiss appeal without sending notice to Lower Court.—4[(1) The appellate Court
after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that
day may dismiss the appeal].
(2) If on the day fixed or arty other day to which the hearing may be adjourned the appellant does not
appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed.
(3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the
appeal is preferred.
5
[(4) Where an Appellate Court, not being the High Court, dismisses an appeal under sub-rule (1), it
shall deliver a judgment, recording in brief its grounds for doing so, and a decree shall be drawn up in
accordance with the judgment.]
2
[11A. Time within which hearing under rule 11 should be concluded.—Every appeal shall be hear
under rule 11 as expeditiously as possible and endeavour shall be made to conclude such hearing within
sixty days from the date on which the memorandum of appeal is filed.]
12. Day for hearing appeal.—(1) Unless the Appellate Court dismisses the appeal under rule 11, it
shall fix a day for hearing the appeal.
6
[(2) Such day shall be fixed with reference to the current business of the Court.]
13. [Appellate Court to give notice to Court whose decree appealed from.] Omitted by Code of
Civil Procedure (Amendment) Act 1999, (46 of 1999), s. 31 (w.e.f. 1-7-2002.)
14. Publication and service of notice of day for hearing appeal.—(1) Notice of the day fixed under
rule 12 shall be affixed in the Appellate Court-house, and a like notice shall be sent by the Appellate Court
to the Court from whose decree the appeal is preferred, and shall be served on the respondent or on his
pleader in the Appellate Court in the manner provided for the service on a defendant of a summons to
appear and answer, and all the provisions applicable to such summons, and to proceedings with reference
to the service thereof, shall apply to the service of such notice.

1. See order XXVII, rule 8A, supra.

2. Subs. by Act 46 of 1999, s. 31, for rule 9 (w.e.f. 1-7-2002).
3. Subs. by Act 2 of 1951, s. 3, for “the States”.
4. Subs. by Act 46 of 1999, s. 31, for sub-rule (1) (w.e.f. 1-7-2002).
5. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
6. Subs. by Act 46 of 1999, s. 31, for sub-rule (2) (w.e.f. 1-7-2002).

217
 (2) Appellate Court may itself cause notice to be served.—Instead of sending the notice to the Court
from whose decree the appeal is preferred, the Appellate Court may itself cause the notice to be served on
the respondent or his pleader under the provisions above referred to.
2
[(3) The notice to be served on the respondent shall be accompanied by a copy of the memorandum of
appeal.
(4) Notwithstanding anything to the contrary contained in sub-rule (1), it shall not be necessary to serve
notice of any proceeding incidental to an appeal on any respondent other than a person impleaded for the
first time in the Appellate Court, unless he has appeared and filed an address for the service in the Court of
first instance or has appeared in the appeal.
(5) Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.]
15. [Contents of notice.] Omitted by Code of Civil Procedure (Amendment) Act 1999, (46 of
1999), s. 31 (w.e.f. 1-7-2002.)
Procedure on hearing
16. Right to begin.—(1) On the day fixed, or on any other day to which the hearing may be adjourned,
the appellant shall be heard in support of the appeal.
(2) The Court shall then, if it does not dismiss the appeal at once, hear the respondent against the appeal,
and in such case the appellant shall be entitled to reply.
17. Dismissal of appeal for appellants’ default.—(1) Where on the day fixed, or on any other day to
which the hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing,
the Court may make an order that the appeal be dismissed.
1
[Explanation.—Nothing in this sub-rule shall be construed as empowering the Court to dismiss the
appeal on the merits.]
(2) Hearing appeal ex parte.—Where the appellant appears and the respondent does not appear, the
appeal shall be heard ex parte.
18. [Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit
cost.] omitted by the Code of Civil Procedure ( Amendment) Act, 1 9 9 9 (46 of 1999) s. 31 (w.e.f. 1-7-
2002).
19. Re-admission of appeal dismissed for default. —Where an appeal is dismissed under rule 11,
sub-rule (2) or rule 17 2[***] the appellant may apply to the Appellate Court for the re-admission of the
appeal; and, where it is proved that he was prevented by any sufficient cause from appearing when the
appeal was, called on for hearing or from depositing the sum so required, the Court shall re-admit the appeal
on such terms as to costs or otherwise as it thinks fit.
20. Power to adjourn hearing and direct persons appearing interested to be made respondents. —
3
[(1)] Where it appears to the Court at the hearing that any person who was a party to the suit in the Court from
whose decree the appeal is preferred, but who has not been made a party to the appeal, is interested in the result
of the appeal, the Court may adjourn the hearing to a future day to be fixed by the Court and direct that such
person be made a respondent.

1. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).

2. The words “or rule 18” omitted by Act 46 of 1999, s. 31, (w.e.f. 1 -7-2002).
3. Rule 20 re-numbered as sub-rule (1) by Act 104 of 1976, s. 87 (w.e.f 1-2-1977).

218
 1
[(2) No respondent shall be added under this rule, after the expiry of the period of limitation for appeal,
unless the Court, for reasons to be recorded, allows that to be done, on such terms as to costs as it thinks
fit.]
21. Re-hearing on application of respondent against whom ex parte decree made.—Where an
appeal is heard ex parte and judgment is pronounced against the respondent, he may apply to the Appellate
Court to re-hear the appeal; and, if he satisfies the Court that the notice was not duly served or that he was
prevented by sufficient cause from appearing when the appeal was called on for hearing, the Court shall re-
hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.
22. Upon hearing respondent may object to decree as if he had preferred separate appeal.—(1)
Any respondent, though he may not have appealed from any part of the decree, may not only support the
decree 2[but may also state that the finding against him in the Court below in respect of any issue ought to
have been in his favour; and may also take any cross-objection] to the decree which he could have taken by
way of appeal provided he has filed such objection in the Appellate Court within one month from the date
of service on him or his pleader of notice of the day fixed for hearing the appeal, or within such further time
as the Appellate Court may see fit to allow.
[Explanation. —A respondent aggrieved by a finding of the Court in the judgment on which the decree
2

appealed against is based may, under this rule, file cross-objection in respect of the decree in so far as it is
based on that finding, notwithstanding that by reason of the decision of the Court on any other finding
which is sufficient for the decision of the suit, the decree, is, wholly or in part, in favour of that respondent.]
(2) Form of objection and provisions applicable thereto.—Such cross-objection shall be in the form
of a memorandum, and the provisions of rule 1, so far as they relate to the form and contents of the
memorandum of appeal, shall apply thereto.
3
* * * * *

(4) Where, in any case in which any respondent has under this rule filed a memorandum of objection, the
original appeal is withdrawn or is dismissed for default, the objection so filed may nevertheless be heard and
determined after such notice to the other parties as the Court thinks fit.

(5) The provisions relating to appeals by indigent persons shall, so far as they can be made applicable,
apply to an objection under this rule.

23. Remand of case by Appellate Court.—Where the Court from whose decree an appeal is preferred has
disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may, if it
thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so
remanded, and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred,
which directions to re-admit the suit under its original number in the register of civil suits, and proceed to
determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all just exceptions,
be evidence during the trial after remand.
4
[23A. Remand in other cases.—Where the Court from whose decree an appeal is preferred has
disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a
re-trial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23.

24. Where evidence on record sufficient Appellate Court may determine case finally.—Where the
evidence upon the record is sufficient to enable the Appellate Court to pronounce judgement, the Appellate Court
may, after resettling the issues, if necessary, finally determine the suit, notwithstanding that the judgment of the

1. Ins. by s. 87, ibid. (w.e.f. 1-2-1977).

2. Subs. by s. 87, ibid., for certain words (w.e.f. 1-2-1977).
3. Subs-rule (3) omitted by Act 46 of 1999, s. 31 (w.e.f. 1-7-2002).
4. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).

219
Court from whose decree the appeal is preferred has proceeded wholly upon some ground other than that on
which the Appellate Court proceeds.

25. Where Appellate Court may frame issues and refer them for trial to Court whose decree
appealed from.—Where the Court from whose decree the appeal is preferred has omitted to frame or try
any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right
decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the same
for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to
take the additional evidence required;

and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court
together with its findings thereon and the reasons therefor 1[within such time as may be fixed by the
Appellate Court or extended by it from time to time].

26. Findings and evidence to be put on record. Objections to findings.—(1) Such evidence and
findings shall form part of the record in the suit; and either party may, within a time to be fixed by the
Appellate Court, present a memorandum of objections to any finding.

(2) Determination of appeal.—After the expiration of the period so fixed for presenting such
memorandum the Appellate Court shall proceed to determine the appeal.
1
[26A. Order of remand to mention date of next hearing.—Where the Appellate Court remands a
case under rule 23 or rule 23A, or frames issues and refers them for trial under rule 25, it shall fix a date for
the appearance of the parties before the Court from whose decree the appeal was preferred for the purpose
of receiving the directions of that Court as to further proceedings in the suit.]

27. Production of additional evidence in Appellate Court.—(1) The parties to an appeal shall not be
entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if —

(a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought
to have been admitted, or
1
[(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise
of due diligence, such evidence was not within his knowledge or could not, after the exercise of due
diligence, be produced by him at the time when the decree appealed against was passed, or]
(b) the Appellate Court requires any document to be produced or any witness to be examined to
enable it to pronounce judgment, or for any other substantial cause,
the Appellate Court may allow such evidence or document to be produced, or witness to be examined.
(2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall
record the reason for its admission.
28. Mode of taking additional evidence.—Wherever additional evidence is allowed to be produced, the
Appellate Court may either take such evidence, or direct the Court from whose decree the appeal is
preferred, or any other subordinate Court, to take such evidence and to send it when taken to the Appellate
Court.
29. Points to be defined and recorded.—Where additional evidence is directed or allowed to be taken,
the Appellate Court shall specify the points to which the evidence is to be confined, and record on its
proceedings the points so specified.
Judgment in appeal
30. Judgment when and where pronounced.—2[(1)] The Appellate Court, after hearing the parties
or their pleaders and referring to any part of the proceedings, whether on appeal or in the Court from whose
decree the appeal is preferred, to which reference may be considered necessary, shall pronounce judgment

1. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).

2. Rule 30 re-numbered as sub-rule (1) by s. 87, ibid. (w.e.f. 1-2-1977).

220
in open Court, either at once or on some future day of which notice shall be given to the parties or their
pleaders.
1
[(2) Where a written judgment is to be pronounced, it shall be sufficient if the points for determination, the
decision thereon and the final order passed in the appeal are read out and it shall not be necessary for the Court
to read out the whole judgment, but a copy of the whole judgment shall be made available for the perusal of the
parties or their pleaders immediately after the judgment is pronounced.]
31. Contents, date and signature of judgment.—The judgment of the Appellate Court shall be in
writing and shall state—
(a) the points for determination;
(b) the decision thereon;
(c) the reasons for the decision; and
(d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled,
and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring
therein.
32. What judgment may direct.—The judgment may be for confirming, varying or reversing the
decree from which the appeal is preferred, or, if the parties to the appeal agree as to the form which the
decree in appeal shall take, or as to the order to be made in appeal, the Appellate Court may pass a decree
or make an order accordingly.
33. Power of Court of Appeal.—The Appellate Court shall have power to pass any decree and make
any order which ought to have been passed or made and to pass or make such further or other decree or
order as the case may require, and this power may be exercised by the Court notwithstanding that the appeal
is as to part only of the decree and may be exercised in favour of all or any of the respondents or parties,
although such respondents or parties may not have filed any appeal or objection 1[and may, where there
have been decrees in cross-suits or where two or more decrees are passed in one suit, be exercised in respect
of all or any of the decrees, although an appeal may not have been filed against such decrees]:
1
[Provided that the Appellate Court shall not make any order under section 35A in pursuance of any
objection on which the Court from whose decree the appeal is preferred has omitted or refused to make
such order.]
Illustration
A claims a sum of money as due to him from X or Y, and in a suit against both obtains a decree against X. X,
appeals and A and Y are respondents. The Appellate Court decides in favour of X. It has power to pass a decree against
Y.
34. Dissent to be recorded.—Where the Appeal is heard by more judges than one, any judge dissenting
from the judgment of the Court shall state in writing the decision or order which he thinks should be passed
on the appeal, and he may state his reasons for the same.
Decree in appeal
2
35. Date and contents of decree.—(1) The decree of the Appellate Court shall bear date the day on
which the judgment was pronounced.
(2) The decree shall contain the number of the appeal, the names and descriptions of the appellant and
respondent, and a clear specification of the relief granted or other adjudication made.
(3) The decree shall also state the amount of costs incurred in the appeal, and by whom, or out of what
property, and in what proportions such costs and the costs in the suit are to be paid.

1. Ins. by Act 9 of 1922, s. 4, which under s. 1(2) thereof, may be brought into force in any State by the State Government on any
specified date. The Act has been brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P. Assam, Orissa and Tamil
Nadu.
2. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act,
1925 (U.P. 4 of 1925), s. 16(3).

221
 (4) The decree shall be signed and dated by the Judge or Judges who passed it:
Judge dissenting from judgment need not sign decree.—Provided that where there are more Judges
than one and there is a difference of opinion among them, it shall not be necessary for any Judge dissenting
from the judgment of the Court to sign the decree.
36. Copies of judgment and decree to be furnished to parties.—Certified copies of the judgment and
decree in appeal shall be furnished to the parties on application to the Appellate Court and at their expense.
37. Certified copy of decree to be sent to Court whose decree appealed from.—A copy of the judgment
and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the
Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an
entry of the judgment of the Appellate Court shall be made in the register of civil suits.
ORDER XLII
APPEALS FROM APPELLATE DECREES
1. Procedure.—The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees.
1
[2. Power of Court to direct that the appeal be heard on the question formulated by it —At the time
of making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate the
substantial question of law as required by section 100, and in doing so, the Court may direct that the second
appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground
in the appeal without the leave of the Court, given in accordance with the provision of section 100.
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.]

ORDER XLIII
APPEALS FROM ORDERS
1. Appeal from orders.—An appeal shall lie from the following orders under the provisions of section
104, namely: —
(a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court 2[except
where the procedure specified in rule 10A of Order VII has been followed];
3
* * * * *
(c). an order under rule 9 of order IX rejecting an application (in a case open to appeal) for an order
to set aside the dismissal of a suit;
(d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order
to set aside a decree passed ex parte;
2
* * * * *
(f) an order under rule 21 of Order XI;
2
* * * * *
(i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an
endorsement;
(j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;

1. Ins. by Act 104 of 1976, s. 88 (w.e.f. 1-2-1977).

2. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977).
3. Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977).

222
 1
[ja) an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided
that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule
105 of that Order is appealable;]
(k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;
(l) an order under rule 10 of Order XXII giving or refusing to give leave;
2
* * * * *
(n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an
order to set aside the dismissal of a suit;
1
[(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue
as an indigent person;]
2
* * * * *
(p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV;
(q) an order under rule 2, rule 3 or rule 6 of order (XXVIII);
(r) an order under rule 1, rule 2 1[rule 2A], rule 4 or rule 10 of Order XXXIX;
(s) an order under rule 1, or rule 4 of Order XL;
(t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to
re-hear, an appeal;
(u) an order under rule 23 1[or rule 23A] of Order XLI remanding a case, where an appeal would lie
from the decree of the Appellate Court;
2
* * * * *
(w) an order under rule 4 of Order XLVII granting an application for review.
1
[1A. Right to challenge non-appealable orders in appeal against decrees.—(1) Where any order is
made under this Code against a party and thereupon any judgment is pronounced against such party and a
decree is drawn up, such party may, in an appeal against the decree, contend that such order should not
have been made and the judgment should not have been pronounced.
(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a
compromise, it shall be open to the appellant to contest the decree on the ground that the compromise
should, or should not, have been recorded.]
2. Procedure.—The rules of Order XLI shall apply, so far as may be, to appeals from orders.
ORDER XLIV
2
[APPEALS BY INDIGENT PERSONS]
1. Who may appeal 3[as an indigent person]. —4[(1)] Any person entitled to prefer an appeal, who is
unable to pay the fee required for the memorandum of appeal, may present an application accompanied by
a memorandum of appeal, and may be allowed to appeal as an 5[indigent person], subject, in all matters,
including the presentation of such application, to the provisions relating to suits by 5[indigent persons], in
so far as those provisions are applicable.
6
* * * * *
7
* * * * *
8
[2. Grant of time for payment of court-fee.—Where an application is rejected under rule 1, the Court
may, while rejecting the application, allow the applicant to pay the requisite Court-fee, within such time as
may be fixed by the Court or extended by it from time to time; and upon such payment, the memorandum of
appeal in respect of which such fee is payable shall have the same force and effect as if such fee had been paid
in the first instance.

1. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977).

2. Subs. by s. 90, ibid., for “pauper appeals” (w.e.f. 1-2-1977).
3. Subs. by s. 90, ibid., for “as pauper” (w.e.f 1-2-1977).
4. Rule 1 re-numbered as sub-rule (1) by Act 66 of 1956, s. 14.
5. Subs. by Act 104 of 1976, s. 90, for “pauper” and “paupers” respectively (w.e.f 1-2-1977),
6. Proviso omitted by Act 66 of 1956, s. 14.
7. Sub-rule (2) ins. by s. 14, ibid. and omitted by Act 104 of 1976, s. 90 (w.e.f 1 -2-1977).
8. Subs. by Act 104 of 1976, s. 90, for rule 2 (w.e.f. 1-2-1977).

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 3. Inquiry as to whether applicant is an indigent person.—(1) Where an applicant, referred to in
rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is
preferred, no further inquiry in respect of the question whether or not he is an indigent person shall be
necessary if the applicant has made an affidavit stating that he has not ceased to be an indigent person since
the date of the decree appealed from; but if the Government Pleader or the respondent disputes the truth of
the statement made in such affidavit, an inquiry into the question aforesaid shall be held by the Appellate
Court, or, under the orders of the Appellate Court, by an officer of that Court.
(2) Where the applicant, referred to in rule 11, is alleged to have become an indigent person since the
date of the decree appealed from, the inquiry into the question whether or not he is an indigent person shall
be made by the Appellate Court or, under the orders of the Appellate Court, by an officer of that Court
unless the Appellate Court considers it necessary in the circumstances of the case that the inquiry should
be held by the Court from whose decision the appeal is preferred.]
ORDER XLV
APPEALS TO THE 1[SUPREME COURT]
1. “Decree” defined.—In this Order, unless there is something repugnant in the subject or context, the
expression “decree” shall include a final order.
2. Application to Court whose decree complained of.—2[(1)] Whoever desires to appeal 3[the
Supreme Court] shall apply by petition to the Court whose decree is complained of.
4
[(2) Every petition under sub-rule (1) shall be heard as expeditiously as possible and endeavour shall
be made to conclude the disposal of the petition within sixty days from the date on which the petition is
presented to the Court under sub-rule (1).]
3. Certificate as to value or fitness. —5[(1) Every petition shall state the grounds of appeal and pray
for a certificate—
(i) that the case involves a substantial question of law of general importance, and
(ii) that in the opinion of the Court the said question needs to be decided by the Supreme Court.]
(2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to
show cause why the said certificate should not be granted.
4. [Consolidation of suits.] Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973),
s. 4 (w.e.f. 1-2-1977).
5. [Remission of dispute to Court of first instance.] Rep. by s. 4, ibid. (w.e.f. 1-2-1977).
6. Effect of refusal of certificate.—Where such certificate is refused, the petition shall be
dismissed.
7. Security and deposit required on grant of certificate.—(1) Where the certificate is granted, the
applicant shall, within 6[ninety days or such further period, not exceeding sixty days, as the Court may upon
cause shown allow;] from the date of the decree complained of, or within six weeks from the date of the
grant of the certificate whichever is the later date,—
(a) furnish security 7[in cash or in Government securities] for the costs of the respondent, and
(b) deposit the amount required to defray the expense of translating, transcribing indexing
8
[printing,] and transmitting to 3[the Supreme Court] a correct copy of the whole record of the suit,
except—
(1) formal documents directed to be excluded by any 9[Rule of the Supreme Court] in force for
the time being;
(2) papers which the parties agree to exclude;

1. Subs. by the A.O. 1950, for “King-in-Council”.

2. Rule 2 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977).
3. Subs. by the A.O. 1950, for "His Majesty in Council".
4. Ins. by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977).
5. Subs. by Act 49 of 1973, s. 4, for sub-rule (1).
6. Subs. by Act 26 of 1920, s. 3, for “six months”.
7. Ins. by s. 3, ibid.
8. Ins. by the A.O. 1950.
9. Subs., ibid., for “order of His Majesty in Council”.

224
 (3) accounts, or portions of accounts, which the officer empowered by the Court for that
purpose considers unnecessary, and which the parties have not specifically asked to be included;
and
(4) such other documents as the High Court may direct to be excluded:
1
[Provided that the Court at the time of granting the certificate may, after hearing any opposite party
who appears, order on the ground of special hardship that some other form of security may be furnished:
Provided further, that no adjournment shall be granted to an opposite party to contest the nature of such
security.]
2
* * * * *
8. Admission of appeal and procedure thereon.—Where such security has been furnished and deposit
made to the satisfaction of the Court, the court shall—
(a) declare the appeal admitted,
(b) give notice thereof to the respondent,
(c) transmit to 3[the Supreme Court] under the seal of the Court a correct copy of the said record,
except as aforesaid, and
(d) give to either party one or more authenticated copies of any of the papers in the suit on his
applying therefore and paying the reasonable expenses incurred in preparing them.
9. Revocation of acceptance of security.—At any time before the admission of the appeal the Court
may, upon cause shown, revoke the acceptance of any such security, and make further directions thereon.
4
[9A. Power to dispense with notices in case of deceased parties.—Nothing in these rules requiring
any notice to be served on or given to an opposite party or respondent shall be deemed to require any notice
to be served on or given to the legal representative of any deceased opposite party or deceased respondent
in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose
decree is complained of or at any proceedings subsequent to the decree of that Court:
Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same
in some conspicuous place in the court-house of the Judge of the district in which the suit was originally
brought, and by publication in such newspapers as the Court may direct.]
10. Power to order further security or payment.—Where at any time after the admission of an appeal
but before the transmission of the copy of the record, except as aforesaid, to 3[the Supreme Court], such
security appears inadequate,
or further payment is required for the purpose of translating, transcribing, printing, indexing or
transmitting the copy of the record, except as aforesaid,
the Court may order the appellant to furnish, within a time to be fixed by the Court, other and sufficient
security, or to make, within like time, the required payment.
11. Effect of failure to comply with order.—Where the appellant fails to comply with such order, the
proceedings shall be stayed,
and the appeal shall not proceed without an order in this behalf of, 3[the Supreme Court],
and in the meantime execution of the decree appealed from shall not be stayed.

1. Added by Act 26 of 1920, s. 3.

2. Sub-rule (2) omitted by the A.O. 1950.
3. Subs. by the A.O. 1950, for “his Majesty in Council”.
4. Ins. by Act 26 of 1920, s. 4.

225
 12. Refund of balance deposit.—When the copy of the record, except as aforesaid, has been
transmitted to 1[the Supreme Court], the appellant may obtain a refund of the balance (if any) of the amount
which he has deposited under rule 7.
13. Powers of Court pending appeal.—(1) Notwithstanding the grant of a certificate for the admission
of any appeal, the decree appealed from shall be unconditionally executed, unless the Court otherwise
directs.
(2) The Court may, if it thinks fit, on special cause shown by any party interested in the suit, or otherwise
appearing to the Court,—
(a) impound any movable property in dispute or any part thereof, or
(b) allow the decree appealed from to be executed, taking such security from the respondent as the
Court thinks fit for the due performance of any order which 1[the Supreme Court] may make on the
appeal, or
(c) stay the execution of the decree appealed from, taking such security from the appellant as the
Court thinks fit for the due performance of the decree appealed from, or of 2[any decree or order] which
1
[the Supreme Court] may make on the appeal, or
(d) place any party seeking the assistance of the Court under such conditions or give such other
direction respecting the subject-matter of the appeal, as it thinks fit, by the appointment of a receiver
or otherwise.
14. Increase of security found inadequate.—(1) Where at any time during the pendency of the appeal
the security furnished by either party appears inadequate, the Court may, on the application of the other
party, require further security.
(2) In default of such further security being furnished as required by the Court,—
(a) if the original security was furnished by the appellant, the Court may, on the application of the
respondent, execute the decree, appealed from as if the appellant had furnished no such security:
(b) if the original security was furnished by the respondent, the Court shall, so far as may be
practicable, stay the further execution of the decree, and restore the parties to the position in which they
respectively were when the security which appears inadequate was furnished, or give such direction
respecting the subject-matter of the appeal as it thinks fit.
15. Procedure to enforce orders of the Supreme Court.—(1) Whoever desires to obtain execution
of 2[any decree or order] of 1[the Supreme Court] shall apply by petition, accompanied by a certified copy
of the decree passed or order made in appeal and sought to be executed, to the Court from which the appeal
to 3[the Supreme Court] was preferred.
(2) Such Court shall transmit the 4[decree or order] of 1[the Supreme Court] to the Court which passed the
first decree appealed from, or to such other Court as 1[the Supreme Court] by such 4[decree or order] may
direct and shall (upon the application of either party) give such directions as may be required for the execution
of the same; and the Court to which the said 4[decree or order] is so transmitted shall execute it accordingly,
in the manner and according to the provisions applicable to the execution of its original decrees.
5
* * * * *

1. Subs., by the A.O. 1950, for “His Majesty in Council”.

2. Subs., ibid., for “any order”.
3. Subs., ibid., for “His Majesty”.
4. Subs., ibid., for “order”.
5. Sub-rule (3) omitted by the A.O. 1950.

226
 1
[(4) 2[Unless the Supreme Court otherwise directs, no decree or order of that Court] shall be
inoperative on the ground that no notice has been served on or given to the legal representative of any
deceased opposite party or deceased respondent in a case, where such opposite party or respondent did
not appear either at the hearing in the Court whose decree was complained of or at any proceedings
subsequent to the decree of that Court, but such order shall have the same force and effect as if it had
been made before the death took place.]
16. Appeal from order relating to execution.—The orders made by the Court which executes the
3
[decree or order] of 4[the Supreme Court], relating to such execution, shall be appealable in the same
manner and subject to the same rules as the orders of such Court relating to the execution of its own decrees.
17. [Appeals to Federal Court.] Rep. by the Federal Act, 1941 (21 of 1941), s. 2.
STATE AMENDMENT

Uttar Pradesh

Amendment of Order XLV. In the First Schedule, in Order XLV, in rule 2, after
sub- rule (2), the following sub-rule shall be inserted, namely :—

“(3) Notwithstanding anything contained in sub-rule (1), whoever desires to appeal to

the Supreme Court, may apply orally to the Court whose decree is to be complained of,
immediately before or
after the pronouncement of the judgment by the Court, for a certificate contemplated in
sub-rule (1) of rule 3, and the Court may either grant or refuse the certificate, or direct the
applicant to file a petition as required by sub-rule (1) ;

Provided that if an oral application is entertained and rejected, no written petition under sub-
rule (1) shall lie.”

[Vide Uttar Pradesh Act 56 of 1957, s. 14]

ORDER XLVI
REFERENCE
1. Reference of question to High Court.—Where, before or on the hearing of a suit or an appeal in
which the decree is not subject to appeal, or where, in the execution of any such decree, any question of
law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the
decree, entertains reasonable doubt, the Court may, either of its own motion or on the application of any of
the parties, draw up a statement of the facts of the case and the point on which doubt is entertained, and
refer such statement with its own opinion on the point for the decision of the High Court.
2. Court may pass decree contingent upon decision of High Court.—The Court may either stay the
proceedings or proceed in the case notwithstanding such reference, and may pass a decree or make an order
contingent upon the decision of the High Court on the point referred:
But no decree or order shall be executed in any case in which such reference is made until the receipt
of a copy of the judgment of the High Court upon the reference.
3. Judgment of High Court to be transmitted and case disposed of accordingly.—The High Court,
after hearing the parties if they appear and desire to be heard, shall decide the point so referred, and shall
transmit a copy of its judgment, under the signature of the Registrar, to the Court by which the reference

1. Ins. by Act 26 of 1920, s. 5.

2. Subs. by the A.O. 1950, for “Unless His Majesty in Council is pleased otherwise to direct, no order of His Majesty in
Council”.
3. Subs., ibid., for “order”.
4. Subs., ibid., for “His Majesty in Council”.

227
was made; and such Court shall, on the receipt thereof, proceed to dispose of the case in conformity with
the decision of the High Court.
4. Cost of reference to High Court.—The costs (if any) consequent on a reference for the decision of
the High Court shall be costs in the case.
1
[4A. Reference to High Court under proviso to section 113.—The provisions of rules 2, 3 and 4
shall apply to any reference by the Court under the proviso to section 113 as they apply to a reference under
rule 1; and]
5. Power to alter, etc., decree of Court making reference.—Where a case is referred to the High
Court under rule 5[or under the proviso to section 113], the High Court may return the case for amendment,
and may alter, cancel or set aside any decree or order which the Court making the reference has passed or
made in the case out of which the reference arose, and make such order as it thinks fit.
6. Power to refer to High Court questions as to jurisdiction in small causes.—(1) Where at any
time before judgment a Court in which a suit has been instituted doubts whether the suit is cognizable by a
Court of Small Causes or is not so cognizable, it may submit the record to the High Court with a statement
of its reasons for the doubt as to the nature of the suit.
(2) On receiving the record and statement, the High Court may order the Court either to proceed with
the suit or to return the plaint for presentation to such other Court as it may in its order declare to be
competent to take cognizance of the suit.
7. Power to District Court to submit for revision proceeding had under mistake as to jurisdiction
in small causes.—(1) Where it appears to a District Court that a Court subordinate thereto has, by reason
of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so cognizable, failed
to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested, the District Court
may, and if required by a party shall, submit the record to the High Court with a statement of its reasons for
considering the opinion of the Subordinate Court with respect to the nature of the suit to be erroneous.
(2) On receiving the record and statement the High Court may make such order in the case as it
thinks fit.
(3) With respect to any proceedings subsequent to decree in any case submitted to the High Court under
this rule, the High Court may make such order as in the circumstance appears to it to be just and proper.
(4) A Court subordinate to a District Court shall comply with any requisition which the District Court
may make for any record or information for the purposes of this rule.
ORDER XLVII
REVIEW
1. Application for review of judgment.—(1) Any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed, but from which no appeal has been
preferred,
(b) by a decree or order from which no appeal is allowed, or
(c) by a decision on a reference from a Court of Small Causes,
and who, from the discovery of new and important matter or evidence which, after the exercise of due
diligence was not within his knowledge or could not be produced by him at the time when the decree was
passed or order made, or on account of some mistake or error apparent on the face of the record or for any
other sufficient reason, desires to obtain a review of the decree passed or order made against him, may
apply for a review of judgment to the Court which passed the decree or made the order.
(2) A party who is not appealing from a decree or order may apply for a review of judgment
notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is
common to the applicant and the appellant, or when, being respondent, he can present to the Appellate
Court the case on which he applied for the review.

1. Ins. by Act 24 of 1951, s. 2.

228
 1
[Explanation.—The fact that the decision on a question of law on which the judgment of the Court is
based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall
not be a ground for the review of such judgment.]
2. [To whom applications for review may be made.]—Rep. by the Code of Civil Procedure
(Amendment) Act, 1956 (66 of 1956) s. 14.
3. Form of applications for review.—The provisions as to the form of preferring appeals shall apply,
mutatis mutandis, to applications for review.
4. Application where rejected.—(1) Where it appears to the Court that there is not sufficient ground
for a review, it shall reject the application.
(2) Application where granted.—Where the Court is of opinion that the application for review should
be granted, it shall grant the same:
Provided that—
(a) no such application shall be granted without previous notice to the opposite party, to enable him
to appear and be heard in support of the decree or order, a review of which is applied for; and
(b) no such application shall be granted on the ground of discovery of new matter or evidence which
the applicant alleges was not within his knowledge, or could not be adduced by him when the decree
or order was passed or made, without strict proof of such allegation.
5. Application for review in Court consisting of two or more Judges.—Where the Judge or Judges,
or any one of the Judges, who passed the decree or made the order a review of which is applied for, continues
or continued attached to the Court at the time when the application for a review is presented, and is not or
not precluded by absence or other cause for a period of six months next after the application from
considering the decree or order to which the application refers, such Judge or Judges or any of them shall
hear the application, and no other Judge or Judges of the Court shall hear the same.
6. Application where rejected.—(1) Where the application for a review is heard by more than one
Judge and the Court is equally divided, the application shall be rejected.
(2) Where there is a majority, the decision shall be according to the opinion of the majority.
7. Order of rejection not appealable. Objections to order granting application.—2[(1) An order of
the Court rejecting the application shall not be appealable; but an order granting an application may be
objected to at once by an appeal from the order granting the application or in an appeal from the decree or
order finally passed or made in the suit.]
(2) Where the application has been rejected in consequence of the failure of the applicant to appear, he
may apply for an order to have the rejected application restored to the file, and, where it is proved to the
satisfaction of the Court that he was prevented by any sufficient cause from appearing which such
application was called on for hearing, the Court shall order it to be restored to the file upon such terms as
to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same.
(3) No order shall be made under sub-rule (2) unless notice of the application has been served on the
opposite party.
8. Registry of application granted, and order for re-hearings.—When an application for review is
granted, a note thereof shall be made in the register and the Court may at once re-hear the case or make
such order in regard to the re-hearing as it thinks fit.
9. Bar of certain application.—No application to review an order made on an application for a review
or a decree or order passed or made on a review shall be entertained.

1. Ins. by Act 104 of 1976, s. 92 (w.e.f. 1-2-1977).

2. Subs. by Act 104 of 1976, s. 92, for sub-rule (1) (w.e.f. 1-2-1977).

229
 ORDER XLVIII
MISCELLANEOUS
1. Process to be served at expense of party issuing.—(1) Every process issued under this Code shall
be served at the expense of the party on whose behalf it is issued, unless the Court-otherwise directs.
(2) Costs of service.—The court-fee chargeable for such service shall be paid within a time to be fixed-
before the process is issued.
2. Orders and notices how served.—All orders, notices and other documents required by this Code to
be given to or served on any person shall be served in the manner provided for the service of summons.

3. Use of forms in appendices.—The Forms given in the appendices, with such variation as the
circumstances or each case may require, shall be used for the purposes therein mentioned.
ORDER XLIX
CHARTERED HIGH COURTS
1. Who may serve processes of High Court.—Notice to produce documents, summonses to witnesses,
and every other judical process, issued in the exercise of the original civil jurisdiction of the High Court,
and of its matrimonial, testamentary and intestate jurisdictions, except summonses to defendants, writs of
execution and notices to respondents may be served by the attorneys in the suits, or by persons employed
by them, or by such other persons as the High Court, by any rule or order, directs.
2. Saving in respect of Chartered High Courts.—Nothing in this Schedule shall be deemed to limit
or otherwise affect any rules in force at the commencement of this Code for the taking of evidence or the
recording of judgments and orders by a Chartered High Court.
3. Application of rules.—The following rules shall not apply to any Chartered High Court in the
exercise of its ordinary or extraordinary original civil jurisdiction, namely:—
(1) rule 10 and rule 11, clauses (b) and (c), of Order VII;
(2) rule 3 of Order X;
(3) rule 2 of Order XVI;
(4) rules 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 (so far as relates to the manner of taking evidence) of
Order XVIII;
(5) rule 1 to 8 of Order XX; and
(6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum);
and rule 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate
jurisdiction.
ORDER L
PROVINCIAL. SMALL CAUSE COURTS
1. Provincial Small Cause Courts.—The provisions hereinafter specified shall not extend to Court
constituted under the Provincial Small Cause Courts Act 1887 (9 of 1887) 1[or under the Berar Small Cause
Courts Law, 1905] or to Courts exercising the jurisdiction of a Court of Small Causes 2[under the said Act
or Law] 3[or to Courts in 4[any part of India to which the said Act does not extend] exercising a
corresponding jurisdiction that is to say—
(a) so much of this Schedule as relates to—

1. Ins. by Act 4 of 1941, s. 2, and the Third Sch.

2. Subs. by s. 2, and the Third Sch. ibid., for “under that Act”.
3. Ins. by Act 2 of 1951, s. 18.
4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.

230
 (i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees
in such suits;
(ii) the execution of decrees against immovable property or the interest of a partner in
partnership property;
(iii) the settlement of issues; and
(b) the following rules and orders:—
Order II, rule 1 (frame of suit);
Order X, rule 3 (record of examination of parties);
Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment;
Order XVIII, rule 5 to 12 (evidence);
Order XLI, to XLV (appeals);
Order XLVII, rules 2, 3, 5, 6, 7 (review);
Order LI.
STATE AMENDMENT
Uttar Pradesh
Amendment of the First Schedule.—In the First Schedule to the said Code, in the Order L, in rule 1, in
clause (b) for the words and figures “Order XV, except so much of rule 4 as provides for the
pronouncement at once of judgment”, the words as figures “Order XV, except so much of rule 4 as
provides for the pronouncement at once of judgment and rule 5” shall be substituted.
[Vide Uttar Pradesh Act 19 of 1973, s. 3]

ORDER LI
P RESIDENCY S MALL C AUSE C OURTS
1. Presidency Small Cause Courts.—Save as provided in rules 22 and 23 of Order V, rules 4 and 7 of
Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause Courts Act, 1882 (15 of 1882),
this Schedule shall not extend to any suit or proceeding in any Court of Small Causes established in the
towns of Calcutta, Madras and Bombay.

231