Order 42, rule 6 of Civil Procedure Rules : Stay in case of appeal
(1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order appealed from except in so far as the court appealed from may order but, the court appealed from may for sufficient cause order stay of execution of such decree or order, and whether the application for such stay shall have been granted or refused by the court appealed from, the court to which such appeal is preferred shall be at liberty, on application being made, to consider such application and to make such order thereon as may to it seem just, and any person aggrieved by an order of stay made by the court from whose decision the appeal is preferred may apply to the appellate court to have such order set aside.
(2) No order for stay of execution shall be made under subrule (1) unless—
(a) the court is satisfied that substantial loss may result to the applicant unless the order is made and that the application has been made without unreasonable delay; and
(b) such security as the court orders for the due performance of such decree or order as may ultimately be binding on him has been given by the applicant.
(3) Notwithstanding anything contained in subrule (2), the court shall have power, without formal application made, to order upon such terms as it may deem fit a stay of execution pending the hearing of a formal application.
(4) For the purposes of this rule an appeal to the Court of Appeal shall be deemed to have been filed when under the Rules of that Court notice of appeal has been given.
(5) An application for stay of execution may be made informally immediately following the delivery of judgment or ruling.
(6) Notwithstanding anything contained in subrule (1) of this rule the High Court shall have power in the exercise of its appellate jurisdiction to grant a temporary injunction on such terms as it thinks just provided the procedure for instituting an appeal from a subordinate court or tribunal has been complied with.
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- Order 42, rule 7 - 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 or the court to which an appeal is pending in terms of rule 6 shall, on...
- Order 42, rule 8 - No security to be required from the Government
No such security as is mentioned in rules 6 and 7 shall be required from the Government or where the Government has undertaken the defence of the suit or from any public officer sued in respect of an...
- Order 42, rule 9 - Exercise of powers in appeal from order made in execution of decree
The powers conferred by rules 6 and 7 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.
- Order 42, rule 10 - Register and filing of appeals
(1) A register of appeals, to be called the register of appeals, shall be kept at every registry at which appeals are filed, and the particulars of every appeal shall be entered in such register and...
- Order 42, rule 11 - Directions under section 79B
Upon filing of the appeal the appellant shall within thirty days, cause the matter to be listed before a judge for directions under section 79B of the Act.
- Order 42, rule 12 - Service of memorandum
After the refusal of a judge to reject the appeal under section 79B of the Act, the registrar shall notify the appellant who shall serve the memorandum of appeal on every respondent within seven days...
- Order 42, rule 13 - Directions before hearing
(1) On notice to the parties delivered not less than twenty-one days after the date of service of the memorandum of appeal the appellant shall cause the appeal to be listed for the giving of...
- Order 42, rule 14 - Security for costs
(1) At any time after the memorandum of appeal has been served the court, in its discretion, may order the appellant to give security for the whole or any part of the costs of such appeal.
(2) If...
- Order 42, rule 15 - Notice to be given where decree appealed from
(1) When a memorandum of appeal is lodged the court to which such appeal is preferred shall send notice of the appeal to the court from whose decree the appeal is preferred.
(2) The court receiving...
- Order 42, rule 16 - Filing declaration and written submissions
(1) Any party to an appeal who does not intend to appear in person or by advocate at the hearing of the appeal may file a declaration in writing to that effect and lodge written submissions of the...
- Order 42, rule 17 - Service of hearing notice
Notice of the day fixed for hearing of the appeal shall be served on the respondent or on his advocate in the manner provided for under Order 5.
- Order 42, rule 18 - Contents of notice
The notice to the respondent shall declare that, if he does not appear in the court to which such appeal is preferred on the day so fixed, the appeal may be heard ex parte.
- Order 42, rule 19 - 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...
- Order 42, rule 20 - Dismissal of appeal for appellant’s 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, and has not filed a declaration under...
- Order 42, rule 21 - Re-admission of appeal dismissed for default
Where an appeal is dismissed under rule 20, the appellant may apply to the court to which such appeal is preferred for the re-admission of the appeal; and, where it is proved that he was prevented by...
- Order 42, rule 22 - Power to adjourn hearing and direct interested persons to be made respondents
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...
- Order 42, rule 23 - 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 court to which the appeal is preferred to re-hear the appeal; and if he satisfies the court...
- Order 42, rule 24 - Remand of cases
Where the court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point, and the decree is reversed on appeal, the court to which the appeal is preferred may, if it...
- Order 42, rule 25 - Where evidence on record sufficient appellate court may determine case finally
Where the evidence upon the record is sufficient to enable the court to which the appeal is preferred to pronounce judgment, the court to which the appeal is preferred may, after resettling the...
- Order 42, rule 26 - Power to order new trial
If upon the hearing of an appeal it shall appear to the court to which the appeal is preferred that a new trial ought to be had, it shall be lawful for the said court, if it shall think fit, to order...
- Order 42, rule 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 court to which the appeal is preferred; but if—
(a) the court from whose decree...
- Order 42, rule 28 - Mode of taking additional evidence
Wherever additional evidence is allowed to be produced, the court to which the appeal is preferred may either take such evidence or direct the court from whose decree the appeal is preferred or any...
- Order 42, rule 29 - Limits to be defined and recorded
Where additional evidence is directed or allowed to be taken the court to which the appeal is preferred shall specify the limits to which the evidence is to be confined and record on its proceedings...
- Order 42, rule 30 - Where court consist of more than one judge
Where the court consists of more than one judge, the decree of the court shall be drawn in accordance with the findings of the majority.
- Order 42, rule 31 - 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...
- Order 42, rule 32 - Power of appellate court on appeal
The court to which the appeal is preferred 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...
- Order 42, rule 33 - Preparation and contents of decree
The decree of the court to which the appeal is preferred shall be dated, drawn up, sealed and signed as directed by rules 7, 8 and 9 of Order 21 with any necessary modifications.
- Order 42, rule 34 - 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 High 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...
- Order 42, rule 35 - Dismissal for want of prosecution
(1) Unless within three months after the giving of directions under rule 13 the appeal shall have been set down for hearing by the appellant, the respondent shall be at liberty either to set down the...
- Order 43, rule 1 - Appeals from Orders
(1) An appeal shall lie as of right from the following Orders and rules under the provisions of section 75(1)(h) of the Act—
(a) Order 1 (parties to suits);
(b) Order 2 (pleadings generally);...
- Order 43, rule 2 - Procedure
The rules of Order 42 shall apply, so far as may be, to appeals from orders.
- Order 43, rule 3 - Saving
Nothing in this Order shall apply to any adjudication which, as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in...
- Order 44, rule 1 - Who may appeal as a pauper
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...
- Order 44, rule 2 - Inquiry into pauperism
The inquiry into the pauperism of the applicant may be made either by the High Court or under the orders of the High Court by the court from whose decision the appeal is preferred:
Provided that, if...
- Order 45, rule 1 - Application for review of decree or order
(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; or
(b) by a decree or order from which no...
- Order 45, rule 2 - To whom applications for review may be made
(1) An application for review of a decree or order of a court, upon some ground other than the discovery of such new and important matter or evidence as is referred to in rule 1, or the existence of a...
- Order 45, rule 3 - When court may grant or reject application
(1) Where it appears to the court that there is not sufficient ground for a review, it shall dismiss the application.
(2) Where the court is of opinion that the application for review should be...
- Order 45, rule 4 - Application where more than one judge hears
(1) Where the application for a review is heard by more than one judge and the court is equally divided the application shall be dismissed.
(2) Where there is a majority, the decision shall be...
- Order 45, rule 5 - Re-hearing upon application granted
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.
- Order 45, rule 6 - Bar of subsequent applications
No application to review an order made on an application for a review of a decree or order passed or made on a review shall be entertained.
- Order 46, rule 1 - Parties to a suit may apply for arbitration
Where in any suit all the parties interested who are not under disability agree that any matter in difference between them in such suit shall be referred to arbitration, they may, at any time before...
- Order 46, rule 2 - Appointment of arbitrator
The arbitrator shall be appointed in such manner as may be agreed upon between the parties.
- Order 46, rule 3 - Form of order
(1) The court shall, by order, refer to the arbitrator the matter in difference which he is required to determine, and shall fix such time as it thinks reasonable for the making of the award, and...
- Order 46, rule 4 - Provisions where two or more arbitrators
(1) Where the reference is to two or more arbitrators provision shall be made in the order for a difference of opinion among the arbitrators—
(a) by the appointment of an umpire; or
(b) by...
- Order 46, rule 5 - Power to appoint arbitrator
(1) In any of the following cases, namely—
(a) where the parties cannot agree within thirty days with respect to the appointment of an arbitrator, or the person appointed refuses to accept the...
- Order 46, rule 6 - Power of arbitrator or umpire appointed by court
Every arbitrator or umpire appointed under r. 4 or r. 5 shall have the like powers as if his name had been inserted in the order of reference.
- Order 46, rule 7 - Summoning witnesses and default
(1) The court shall issue the same processes to the parties and witnesses whom the arbitrator or umpire desires to examine as the court may issue in suits tried before it.
(2) Persons not attending...
- Order 46, rule 8 - Extension of time for making award
(1) The parties may, by filing an agreement in writing, extend the time for the making of the award, whether or not at the date of the agreement time has expired, and whether or not an award has been...
- Order 46, rule 9 - Where umpire may arbitrate in lieu of arbitrators
Where an umpire has been appointed he may enter on the reference in the place of the arbitrators—
(a) if they have allowed the appointed time to expire without making an award, or
(b) if they have...
- Order 46, rule 10 - Award to be signed, dated and filed
Where an award in a suit has been made, the persons who made it shall sign it, date it and cause it to be filed in court within fourteen days together with any depositions and documents which have...