Order 41 Rule 13:- Appellate Court to give notice to Court whose decree appealed from.

  • May 19, 2021

Appellate Court to give notice to Court whose decree appealed from. – (1) Where the appeal is not dismissed under rule 11, the Appellate Court shall send notice of the appeal to the Court from whose decree the appeal is preferred.
(2) Transmission of papers to Appellate Court-Where the appeal is from the decree of a Court, the records of which are not deposited in the Appellate Court, the Court receiving such notice shall send with all practicable despatch all material papers in the suit, or such papers as may be specially called for by the Appellate Court.
(3) Copies of exhibits in Court whose decree appealed from-Either party may apply in writing to the Court from whose decree the appeal is preferred, specifying any of the papers in such Court of which he requires copies to be made; and copies of such papers shall be made at the expense of, and given to, the applicant.

 

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