Appendix APPENDIX G. APPENDIX G
APPEAL, REFERENCE AND REVIEW
No.1 MEMORANDUM OF APPEAL (O. 41, r. I) (Title) The above-named appeals to the Court at from the decree of in Suit No. of 19 , dated the day of 19 ,and sets forth the following grounds of objection to the decree appealed from, namely :
1 The number of the form, originally misprinted as 7, was corrected by the Repealing and Amending Act, 1914 (10 of 1914), s. 2 and First Sch., No.2 SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE. (O.41, r. 5) (Title) To This security bond on stay of execution of decree executed by witnesseth:
That , the plaintiff in Suit No. of 19 , having sued , the defendant, in this Court and a decree having been passed on the day of 19 in favour of the plaintiff, and the deffendant having preferred an appeal from the said decree in the Court, the said appeal is still pending. Now the plaintiff decree-holder having applied to execute thc decree, the defendant has made an application praying for stay of exection and has called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs. , mortgaging the properties specified in thc schedule hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the Appellate Court the said defendant shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insuficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this seucrity bond, this day of 19 . Schedule (Signed) Witnessed by 1. 2.
No. 3 SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL (O. 41, r. 6) (O.41, r.6) (Title) To THIS security bond on stay of execution of decree executed by Witnesseth :
That , the plaintiff in Suit No. of 19 , having sued ,the defendant, in this Court and a decree having been passed on the day of 19 in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the Court, the said appeal is still pending. Now the plaintiff decree-holder has applied for execution of the said decree and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs. , mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be or has been taken in execution of the said decree and shall duly act in accordance with the decree of the appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this day of 19 . Schedule (Signed) Witnessed by 1. 2.
No. 4 SECURITY FOR COSTS OF APPEAL. (O. 41, r. 10) (Title) To THIS security bond for costs of appeal executed by witnesseth :
This appellant has preferred an appeal from the decree in Suit No. of 19 ,against the respondent, and has been called upon to furnish security. Accordingly I, of my own free will, stand security for the costs of the appeal, mortgaging the properties specified in the schedule hereunto annexed-I shall not transfer the said properties or any part thereof, and in the event of any default on the part of the appellant, I shall duly carry out any order that may be made against me with regard to payment of the costs of appeal. Any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance.To this effect I execute this security bond this day of 19 . Schedule (Signed) Witnessed by 1. 2.
No. 5 INTIMATION OF LOWER COURT OF ADMISSION OF APPEAL. (O. 41, r. 13) (Title) To You are hereby directed to take notice that the in the above suit, has preferred an appeal to this Court from the decree passed by you therein on the day of 19 . You are requested to said with all practicable despatch all mataterial papers in the suit. Dated the day of 19 . Judge
No.6 NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL (O. 41, r. 14) (Title) APPEAL from the of the Court of dated the day of 19 . To Respondent. TAKE notice that an appeal from the decree of in this case has been presented by and registered in this Court, and that the day of 19 has been fixed by this Court for the hearing of this appeal. If no appearance is made on your behalf by yourself, your pleader, or by some one by law authorised to act for you in this appeal, it will be heard and decided in your absence. GIVEN under my hand and the seal of the Court, this day of 19 . Judge [Note.
If a stay of execution has been ordered, intimation should be given of the fact on this notice.]
No.7 NOTICE TO A PARTY TO A SUIT NOT MADE A PARTY TO THE APPEAL BUT JOINED BY THE COURT AS A RESPONDENT. (O. 41, r, 20) (Title) To WHEREAS you were a party in suit No. of 19 , in the Court of , and whereas the has preferred an appeal to this Court from the decree passed against him in the said suit and it appears to this Court that you are interested in the result of the said appeal : This is to give you notice that this Court has directed you to be made a respondent in the said appeal and has adjourned the hearing thereof till the day of 19 , at A.M. If no appearance is made on your behalf on the said day and at the said hour the appeal will be heard and decided in your absence. GIVEN under my hand and the seat of the Court, this day of 19 . Judge
NO. 8 MEMORANDUM OF CROSS OBJECTIONS. (O. 41, r. 22) (Title) WHEREAS the has preferred an appeal to the Court at from the decree of in Suit No. of 19 ,dated the day of 19 , and whereas notice of the day fixed for hearing the appeal was served on the on the day of 19. the files this memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely :
No. 9 DECREE IN APPEAL. (O. 41, r. 35) (Title) Appeal No. of 19 from the decree of the Court of dated the day of 19 . Memorandum of Appeal Plaintiff Defendant The above-named appeals to the Court at from the decree in the above suit-dated the day of 19 , for the following reasons, namely:
This appeal coming on for hearing on the day of 19 , before ,in the presence of for the appellant and of for the respondent, it is ordered
The costs of this appeal, as detailed below, amounting to Rs. ,are to be paid by . The costs of the original suit are to be paid by GIVEN under my hand this day of 19 . Judge Costs of Appeal Appellant Amount Respondent Amount Rs. a. p. Rs. a. p. 1. Stamp for memorandum of Stamp for power appeal 2. Do. for power .. Do. for petition Service 3. Service of processes of processes 4. Pleader`s fee on Rs. Pleader`s fee on Rs. Total .. Total .. No. 10 APPLICATION TO APPEAL in forma pauperis (O. 44, r. 1) (Title) I the above-named, present the accompanying memorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper. Annexed is a full and true schedule of all the moveable and immoveable property belonging to me with the estimated value thereof. Dated the day of 19 . (Signed) Note.
Where the application is by the plaintiff he should state whether he applied and was allowed to sue in the Court of first instance as a pauper.
No. 11 NOTICE OF APPEAL in forma pauperis (O. 44, r. 1) (Title) WHEREAS the above-named has applied to be allowed to appeal as a pauper from the decree in the above suit dated the day of 19 and whereas the day of 19 , has been fixed for hearing the application, notice is hereby given to you that if you desire to show cause why the applicant should not be allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 12 NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE 1[SUPREME COURT] SHOULD NOT BE GRANTED.(O. 45, r. 3) (Title) To Take notice that has applied to this Court for a certificate that as regards amount or value and nature the above case fulfils the requirements of section 110 of the Code of Civil Procedure, 1908, or that it is otherwise a fit one for appeal to the 1[Supreme Court]. 1 Subs. by A.O., 1961, Art.2 and Sch., (with effect from the 23rd March, 1956). The day of 19 is fixed for you to show cause why the Court should not grant the certificate asked for. GIVEN under my hand and the seal of the Court, this day of 19 . Registrar
No. 13 NOTICE TO RESPONDENT OF ADMISSION OF APPEAL TO THE 1[SUPREME COURT] (O. 45, r. 8) (Title) To WHEREAS , the in the above case, has furnished the security and made the deposit required by Order XLV, rule 7, of the Code of Civil Procedure, 1908 : Take notice that the appeal of the said to the 1[Supreme Court] has been admitted on the day of 19 . GIVEN under my hand and the seat of the Court, this day of 19 . Registrar
No. 14 NOTICE TO SHOW CAUSE WHY A REVIEW SHOULD NOT BE GRANTED (O. 47, r. 4) (Title) To TAKE notice that has applied to this Court for a review of its decree passed on the day of 19 in the above case. The day of 19 is fixed for you to show cause why the Court should not grant a review of its decree in this case GIVEN under my hand and the seal of the Court, this day of 19 . Judge 1 Subs. by A.O., 1961, Art.2 and Sch., (with effect from the 23rd March, 1956).
No.1 MEMORANDUM OF APPEAL (O. 41, r. I) (Title) The above-named appeals to the Court at from the decree of in Suit No. of 19 , dated the day of 19 ,and sets forth the following grounds of objection to the decree appealed from, namely :
1 The number of the form, originally misprinted as 7, was corrected by the Repealing and Amending Act, 1914 (10 of 1914), s. 2 and First Sch., No.2 SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE. (O.41, r. 5) (Title) To This security bond on stay of execution of decree executed by witnesseth:
That , the plaintiff in Suit No. of 19 , having sued , the defendant, in this Court and a decree having been passed on the day of 19 in favour of the plaintiff, and the deffendant having preferred an appeal from the said decree in the Court, the said appeal is still pending. Now the plaintiff decree-holder having applied to execute thc decree, the defendant has made an application praying for stay of exection and has called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs. , mortgaging the properties specified in thc schedule hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the Appellate Court the said defendant shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insuficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this seucrity bond, this day of 19 . Schedule (Signed) Witnessed by 1. 2.
No. 3 SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL (O. 41, r. 6) (O.41, r.6) (Title) To THIS security bond on stay of execution of decree executed by Witnesseth :
That , the plaintiff in Suit No. of 19 , having sued ,the defendant, in this Court and a decree having been passed on the day of 19 in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the Court, the said appeal is still pending. Now the plaintiff decree-holder has applied for execution of the said decree and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs. , mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be or has been taken in execution of the said decree and shall duly act in accordance with the decree of the appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this day of 19 . Schedule (Signed) Witnessed by 1. 2.
No. 4 SECURITY FOR COSTS OF APPEAL. (O. 41, r. 10) (Title) To THIS security bond for costs of appeal executed by witnesseth :
This appellant has preferred an appeal from the decree in Suit No. of 19 ,against the respondent, and has been called upon to furnish security. Accordingly I, of my own free will, stand security for the costs of the appeal, mortgaging the properties specified in the schedule hereunto annexed-I shall not transfer the said properties or any part thereof, and in the event of any default on the part of the appellant, I shall duly carry out any order that may be made against me with regard to payment of the costs of appeal. Any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance.To this effect I execute this security bond this day of 19 . Schedule (Signed) Witnessed by 1. 2.
No. 5 INTIMATION OF LOWER COURT OF ADMISSION OF APPEAL. (O. 41, r. 13) (Title) To You are hereby directed to take notice that the in the above suit, has preferred an appeal to this Court from the decree passed by you therein on the day of 19 . You are requested to said with all practicable despatch all mataterial papers in the suit. Dated the day of 19 . Judge
No.6 NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL (O. 41, r. 14) (Title) APPEAL from the of the Court of dated the day of 19 . To Respondent. TAKE notice that an appeal from the decree of in this case has been presented by and registered in this Court, and that the day of 19 has been fixed by this Court for the hearing of this appeal. If no appearance is made on your behalf by yourself, your pleader, or by some one by law authorised to act for you in this appeal, it will be heard and decided in your absence. GIVEN under my hand and the seal of the Court, this day of 19 . Judge [Note.
If a stay of execution has been ordered, intimation should be given of the fact on this notice.]
No.7 NOTICE TO A PARTY TO A SUIT NOT MADE A PARTY TO THE APPEAL BUT JOINED BY THE COURT AS A RESPONDENT. (O. 41, r, 20) (Title) To WHEREAS you were a party in suit No. of 19 , in the Court of , and whereas the has preferred an appeal to this Court from the decree passed against him in the said suit and it appears to this Court that you are interested in the result of the said appeal : This is to give you notice that this Court has directed you to be made a respondent in the said appeal and has adjourned the hearing thereof till the day of 19 , at A.M. If no appearance is made on your behalf on the said day and at the said hour the appeal will be heard and decided in your absence. GIVEN under my hand and the seat of the Court, this day of 19 . Judge
NO. 8 MEMORANDUM OF CROSS OBJECTIONS. (O. 41, r. 22) (Title) WHEREAS the has preferred an appeal to the Court at from the decree of in Suit No. of 19 ,dated the day of 19 , and whereas notice of the day fixed for hearing the appeal was served on the on the day of 19. the files this memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely :
No. 9 DECREE IN APPEAL. (O. 41, r. 35) (Title) Appeal No. of 19 from the decree of the Court of dated the day of 19 . Memorandum of Appeal Plaintiff Defendant The above-named appeals to the Court at from the decree in the above suit-dated the day of 19 , for the following reasons, namely:
This appeal coming on for hearing on the day of 19 , before ,in the presence of for the appellant and of for the respondent, it is ordered
The costs of this appeal, as detailed below, amounting to Rs. ,are to be paid by . The costs of the original suit are to be paid by GIVEN under my hand this day of 19 . Judge Costs of Appeal Appellant Amount Respondent Amount Rs. a. p. Rs. a. p. 1. Stamp for memorandum of Stamp for power appeal 2. Do. for power .. Do. for petition Service 3. Service of processes of processes 4. Pleader`s fee on Rs. Pleader`s fee on Rs. Total .. Total .. No. 10 APPLICATION TO APPEAL in forma pauperis (O. 44, r. 1) (Title) I the above-named, present the accompanying memorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper. Annexed is a full and true schedule of all the moveable and immoveable property belonging to me with the estimated value thereof. Dated the day of 19 . (Signed) Note.
Where the application is by the plaintiff he should state whether he applied and was allowed to sue in the Court of first instance as a pauper.
No. 11 NOTICE OF APPEAL in forma pauperis (O. 44, r. 1) (Title) WHEREAS the above-named has applied to be allowed to appeal as a pauper from the decree in the above suit dated the day of 19 and whereas the day of 19 , has been fixed for hearing the application, notice is hereby given to you that if you desire to show cause why the applicant should not be allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date. GIVEN under my hand and the seal of the Court, this day of 19 . Judge
No. 12 NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE 1[SUPREME COURT] SHOULD NOT BE GRANTED.(O. 45, r. 3) (Title) To Take notice that has applied to this Court for a certificate that as regards amount or value and nature the above case fulfils the requirements of section 110 of the Code of Civil Procedure, 1908, or that it is otherwise a fit one for appeal to the 1[Supreme Court]. 1 Subs. by A.O., 1961, Art.2 and Sch., (with effect from the 23rd March, 1956). The day of 19 is fixed for you to show cause why the Court should not grant the certificate asked for. GIVEN under my hand and the seal of the Court, this day of 19 . Registrar
No. 13 NOTICE TO RESPONDENT OF ADMISSION OF APPEAL TO THE 1[SUPREME COURT] (O. 45, r. 8) (Title) To WHEREAS , the in the above case, has furnished the security and made the deposit required by Order XLV, rule 7, of the Code of Civil Procedure, 1908 : Take notice that the appeal of the said to the 1[Supreme Court] has been admitted on the day of 19 . GIVEN under my hand and the seat of the Court, this day of 19 . Registrar
No. 14 NOTICE TO SHOW CAUSE WHY A REVIEW SHOULD NOT BE GRANTED (O. 47, r. 4) (Title) To TAKE notice that has applied to this Court for a review of its decree passed on the day of 19 in the above case. The day of 19 is fixed for you to show cause why the Court should not grant a review of its decree in this case GIVEN under my hand and the seal of the Court, this day of 19 . Judge 1 Subs. by A.O., 1961, Art.2 and Sch., (with effect from the 23rd March, 1956).