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Stage of Admission of Appeal under Order XLI Civil Procedure Code

By R. P. Gupta

Published In

AIR 2000

Order 41 Civil Procedure Code deals with appeals from original decrees; while Order 42, C.P.C. makes the Rules of Order 41 applicable to appeals from appellate decrees. Thus, the Rules under Order 41, C.P.C. are applicable to First Appeals as well as to Second Appeals. Rule 9 of Order 41, C.P.C. is regarding the admission of appeal. It is as under : “R-9.— Registry of memorandum of appeal : Where a memorandum of appeal is admitted, the appellate Court or the proper officer of that Court shall endorse thereon the date of presentation, and shall register the appeal in a book to be kept for the purpose.” Register of Appeals :— Such book shall be called the Register of Appeals.” Rule 11 of Order 41, C.P.C. does not deal with the admission of the appeal. It gives power to dismiss appeal, without sending notice to the lower Court, after hearing the appellant or his counsel on the date fixed for the purpo ....

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