APPENDIX G – Civil Procedure Code 1908

Civil Procedure Code 1908

 

APPENDIX. APPENDIX G

 

APPENDIX G

APPEAL, REFERENCE AND REVIEW

 

No. 1
Memornadum of Appeal
(O. 41, R. 1)

 

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:-

 

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 defendant 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 the decree, the defendant has made an application praying for stay of execution 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 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 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 ………dayof…….. 19…

 

Schedule

(Signed)

 

Witnessed by

1.

2.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh-Same as in Madras.

 

Bombay.-In Appendix G, in Form No. 2, at the end, insert the following Note, namely:-

 

“Note.-Unless appropriately altered, the printed form binds the surety only to an immediate appeal from the decree mentioned in the bond, and does not cover any obligation in respect of any further appeal.” (w.e.f 1-10-1983)

 

Gujarat.-Same as in Bombay.

 

Kerala.-Same as in Madras, (w.e.f. 9-6-1959)

 

Madras.-In Appendix G, in Form No. 2, in the second paragraph, after the words “be confirmed or varid by the Appellate Court”, insert the words “or in further appeal or appeals from the decree of the said Court”.

 

No. 3

Security Bond to be Given During the Pendency of Appeal

(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.

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-Same as in Madras.

 

Bombay.-In Appendix G, Form No. 3,-

 

(i) for the opening words “This security bond on stay of execution of decree executed by………..witnesseth-“, substitute the words “This security bond, on order being made for execution of decree,………………executed by……………witnesseth-“.

 

(ii) at the end, insert the following Note, namely:-

 

“Note.-Unless appropriately altered, the printed form binds the surety only to an immediate appeal from the decree mentioned in the bond, and does not cover any obligation in respect of any further appeal.”

 

Gujarat.-Same as in Bombay.

 

Kerala.-Same as in Madras, (w.e.f. 9-6-1959)

 

Madras.-In Appendix G, in Form No. 3, in second paragraph, after the words “be reversed or varied by the Appellate Court”, insert the words “or in further appeal or appeals from the decree of the said Court”.

 

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 wilh 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 to 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 send with all practicable despatch all material papers in 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 authorized 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.]

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-Same as in Madras.

 

Kerala.-In Appendix G, after Form No. 6, insert Forms 6A and 6B as in

 

Madras (ii), substituting the word “Kerala” for the word “Madras”, (w.e.f. 9-6-1959}

 

Madras.-(i) In Appendix G, in Form No. 6, at the end, insert the following Note, namely:-

 

“Note.-Also taken notice that if an address for service is not filed before the aforesaid date, this appeal is liable to be heard and decided as if you had not made an appearance.”;

 

(ii) after Form No. 6, insert the following Forms, namely:- ; :

 

“No. 6A
NOTICE TO RESPONDENT
(O. XLIA, r. 2)
(Cause Title)

 

Appeal from the …………of the Court of …………………dated the…………. day of……..l9…./20..~

To

……………………………………….. Respondent

 

TAKE notice that an appeal from the above decree (order) has been presented by the above-named appellant and registered in this Court, and that if you intend to defend the same you must enter an appearance in this Court and give notice thereof to the appellant or his pleader within 30 days after the service of this notice on you.

 

If no appearance is entered on your behalf by yourself, your pleader or someone by law authorised to act for you in this appeal, it will be heard and decided in your absence.

 

The address for service of the appellant is that of his pleader Mr. A.B. of (insert address) Madras.

 

(If the appellant appears in person, insert his address for service).

 

GIVEN under my hand and the seal of the Court, this…………………day of……………. 19…./20….

Registrar

 

Interlocutory application No……………. of 19…./20…., has been made by appellant, and execution has been stayed (or other order made) by order dated the ………….. day of…………19…./20…………

 

No. 6B
MEMORANDUM OF APPEARANCE
(O. XLIA, r. 3)
(Cause Title)

 

TAKE notice that the …………………..respondent intends to appear and defend the above, appeal and that his address for service of all notices and process i
s (insert address).

 

The said respondent requires a list of the papers which the appellant proposes to translate and print.

 

Dated the …………………. day of …………………….19…./20……

(Signed) CD.

Vakil for Respondent

 

To

The Registrar, High Court of Judicature, Madras.”

 

 

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…., in the Court of, ………. and whereas the …… has perferred 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 seal of the Court, this……. day of……..19 …

 

Judge.

 

No. 8

Memorandum of Cross Objection

(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 appeal to the …….. Court at ……… from the decree of……… 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………or 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

 

 

Appellant Amount Respondent Amount
Rs. A. P. Rs. A. P.
1 Stamo for memorandum of appeal Stamp for power
2 Do. for power Do. for petition
3 Service of processes Service of processes
4 Pleader’s fee on Rs. Pleader’s fee on Rs.
Total Total

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-Same as in Madras.

 

Calcutta.-In Appendix G, in Form No. 9, omit the words begining from the sub-heading Memorandum of Appeal and ending “for the following reasons, namely:-“

 

Gauhati.-Same as in Madras.

 

Kerala.-Same as in Madras and under the sub-head “Costs of appeal” in the table below it in the column relating to “Respondent”, insert “5. Fee for preparation of process”, (w.e.f. 9-6-1959)

 

Madras.-In Appendix G, for Form No. 9, substitute the following Form, namely :-

 

“No. 9
DECREE/ORDER

 

In the Court of ……………………………

 

Appeal Suit/Civil Miscellaneous Appeal Suit No. ………….. of…………… 19…./20-. .

 

Between

…………………………………………….. Appellant

and
……………………………………………… Respondent

 

On appeal from the decree/order of the Court of …………… dated the …………….. day of …………….. 19…./20…., and made in Original Suit/Execution Petition/Interlocutory Application No …………………….. of 19…./20…. .

 

Between

………………………………………………………. Plaintiff-Petitioner

and
……………………………………………………… Defendant-Respondent.

 

Particulars of valuation

 

Rs……..a…….p.

 

1. Valuation in appeal

 

2. – Do – in Suit

 

DECREE/ORDER-This appeal coming on this day for hearing having been heard on the …………. day of……………. 19…./20…., upon perusing the grounds of appeal, the decree/order and judgment of the lower Court and the material papers in the case and-upon hearing the arguments of Mr ……… for the Appellant and of Mr ……. for the Respondent, and the appeal having stood over to this day for consideration, this Court doth order decree that the decree/ order of the lower Court be and hereby is confirmed and this appeal dismissed.

 

This Court doth further order and decree that the Appellant ……………. do pay to the Respondent………………. Rs ………………… for …………….. costs in this appeal and do bear …………… own costs Rs.

 

Particulars of Costs

 

No. 11

Preliminary Decree for Sale

[Plaintiff ……………………….. Sub or derivative mortgage vs.

Defendant No. 1 … ……………………….. Mortgagor,

Defendant No. 2 ……………………… Original Mortgagee.]

(Order XXXIV, Rule 4)

 

Appellant Amount Respondent Amount
Rs. A. P. Rs. A. P.
1 Stamp on Appeal memo 1 Stamp for power
2 Stamp on vakalat 2 Stamp for petition
3 Stamp on copies of lower Court decree order and judgment including copying fee. 3 Service of process
4 Stamp on petitions 4 Pleader’s fee on Rs.
5 Process fees
6 Fee for preparation of process
7 Pleader’s fee on Rs.
Total Total

 

GIVEN under my hand and the seal of the Court this …………… day of …………… 19…./20….

Judge”

 

Orissa.-Same as in Patna.

 

Patna.-In Appendix G, in Form No. 9, under the sub-head “Costs of Appeal” in the table below in the column relating to “Appellant” after item 4, insert “5. copying or typing charges” and in the cloumn relating to “Respondent”, after the item “Pleader’s fee on Rs.”, insert “Copying or typing charges”.

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 movable and immovable 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 aforementioned 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 Supreme Court should not be Granted

(O.
43, R. 3.)

(Title)

 

To

 

1[Take notice that…….. ……………. has applied to this Court for a certificate-

 

(i) that the case involves a substantial question of law of general importance, and

 

(ii) that in the opinion of this Court the said question needs to be decided by the Supreme Court.]

 

The……… day of……. 19…. is fixed for you to show cause why the Court shoul not grant the certificate asked for.

 

Given under my hand and the seal of the Court, this……… day of……. 19 ….

 

Registrar

 

1. Subs, by Act No. 49 of 1973, for the former paragraph.

 

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-In Appendix G, after Form No. 12,-

 

(a) insert Forms 12A, 12B and 12C as in Madras (ii).-

 

(b) After Form 12C, insert the following Form, namely :-.

 

“No. 12D
CERTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT
(O. XLV, r. 7)

 

In cases leave is granted under Article 132 (1) of the Constitution:

 

Read petition presented under Order XLV, rule 3 of the Code of Civil Procedure, praying for the grant of a certificate to enable the petitioner to appeal to the Supreme Court against the decree/final order of this Court in Suit No………… of 19…./20…. .

 

The petition coming on for hearing upon perusing the petition and the grounds of appeal to the Supreme Court and other papers material to the application and upon hearing the arguments …………… of for the petitioner and of the-……………. for the respondent (if he appears) this Court doth certify that the decree/final order appealed from involves a substantial question of law as to the interpretation of the Constitution of India.

 

(1)…………………………

(2)…………………………

 

Kerala.-Same as in Madras, (w.e.f. 9-6-1959)

 

Madras.-(i) In Appendix G, for Form No. 12, substitute the following Form, namely:-

 

“No. 12
NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE SUPREME COURT SHOULD Nor BE GRANTED

(Or. 45, R. 3)

 

In the High Court of Judicature at Madras

 

……………………………………………………Petitioner

……………………………………………………Respondent

…………………………………………………….Respondents

 

To

 

Take notice that the above petitioner No………………of………………on the file of this Court hearing presented the above petition praying for a certificate under Articles 132 (1)/133(1) of the Constitution of India to enable to appeal to the Supreme Court of India from the decree passed in the said appeal the………………day of ………………….next has been fixed for hearing the said petition and that you are hereby summoned to appear either in person or by advocate on the said day to show cause why the certificate applied for should not be granted.

 

(By order of the Court)
Sub Assistant Reg., App. side.”

 

Madras……………….19…../2
0…….

(ii) after Form No. 12, insert the following Forms, namely:-

 

 

“No. 12A
CBRTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT
(O. XLV, r. 7)

 

(In cases where the subject-matter of the appeal is of sufficient value and the finding of the Courts are not concurrent).

 

Read petition presented under Order XLV, rule 3 of the Code of Civil Procedure, praying for the grant of a certificate to enable the petitioner to appeal to the Supreme Court against the decree/final order of this Court in Suit No ………………. of 19…./20…..

 

The petition coming on for hearing upon perusing the petition and the grounds of appeal to the Supreme Court and the other papers material to the application and upon hearing the arguments of …………………. for the petitioner and of …………………. for the respondent (if he appears) this Court doth certify that the amount…………… of the subject-matter of the suit value ……………… in the Court of first instance is ……………. Rs. 20,000 ……………… upwards of Rs. 20,000 …………….. amount ………….. and the ………….of the subject-matter …………… value ………………. in dispute …………… on appeal to the Supreme Court is also of ……………….. Rs. 20,000 …………………….. the value of……………………..upwards of Rs. 20,000 ………………………… decree……..,………………of that the …………… appealed from involves …………… final order …………… Directly …………… some claim or question ……… to indirectly …………… respecting …………… Rs. 20,000 …………. property of the value Oi ………. and …………… upwards of Rs. 20,000 ……………that the decree/final appealed from does not affirm the decision of the lower Court.

 

No. 12B
CERTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT
(O. XLV, r. 7)

 

(In cases where the subject-matter is of sufficient value and the findings of the Courts are concurrent).

 

Read the petition prescribed under Order XLV, rule 3 of the Code of Civil Procedure praying for a grant of a certificate to enable the petitioner to appeal to the Supreme Court against the decree/final order of this Court in……………

 

Suit No …………… of 19…./20….

 

The petition coming on for hearing upon perusing the petition and the grounds or appeal to the Supreme Court and other persons material to the application and upon hearing the arguments of…………for the petitioner and of……………….. for the respondent (if he appears) the Court doth certify that the amount …………… of the subject-matter of the suit in value the …………… Court of first instance is …………… Rs. 20,000 …………… amount…………. and the …………..
of the …………… upwards of Rs. 20,000 value …………… subject-matter in dispute on appeal to the Supreme Court is also of the value ………… Rs. 20,000 ……….. of ……………….. or that the upwards ………. of Rs. 20,000 ………… decree/final order ………………… appealed against involves …………… directly …….. some claim or question …………… to directly …………… respecting ……….. Rs. 20,000 …………… property of the value of …………… upwards of Rs. 20,000 …………… and that the affirming decree/final order …………… appealed …………… from involves the following substantial question(s) of law, viz:-

 

(1)…………………………

(2)………
………………….

 

No. 12C
CERTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT
(O. XLV, r. 7)

 

(In cases where the subject-matter in dispute either not of sufficient value or is incapable of money valuation).

Read petition presented under Order XLV, rule 3 of the Code of Civil Procedure praying for the grant of a certificate to enable the petitioner to appeal to the Supreme Court against the …………… decree/final order ………. of this Court in Suit No …….. of …………… 19…../20…..

The petition coming on for hearing upon perusing the petition and the grounds of appeal to the Supreme Court and other papers material to the application and upon hearing the argument of …………… for the petitioner and of ………. for the respondent (if he appears) this Court doth certify that the amount …………… of the subject-matter of the suit both value …………… in the Court of the first instance and below Rs. 20,000 in value in the Court is …………… incapable of money valuation this Court in the exercise of the discretion vested in it is satisfied that the case is a fit one for appeal to the Supreme Court for the reason set forth below, viz:-

 

(1)………………..

 

(2)………………..

 

No. 13

Notice to Respondent of Admission of Appeal to the 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 Supreme Court has been admitted on the ……… day of……. 19 ….

Given under my hand and the seal 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 …. 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

 

 

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