CCP GChapter 13 · Appendix G
Section G · Appendix G
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APPEAL, REFERENCE AND REVIEWNo. 1Memornadum of Appeal(Order 4l, Rule 1)(Title)The. . . . . . . . above-named appeals to the . . . . . . . . . . Court at . . . . . . . . . . from the decree of . . . . . . . . . . in Suit No. . . . . . . . . . . of . . . . . . . . . . 20 . . . . . . , dated the . . . . . . . . . .... day of .... . . . . . . . . . 20 . . . , and sets forth the following grounds of objection to the decree appealed from, namely:-No. 2Security Bond to be Given on Order Being Made to Stay Execution of Decree(Order 41, Rule 5)(Title)ToThis security bond on stay of execution of decree executed by . . . . . . . . . . witnesseth:-That . . . . . . . . . . , the plaintiff in Suit No. . . . . . . . . . . of 20 . . . having sued . . . . . . . . . . , the defendant, in this Court and a decree having been passed on the . . . . . . . . . .... day of .... . . . . . . . . . 20 . . . , in favour of the plaintiff,239 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 theein 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 .... . . . . . . . . 20. . ./SCHEDULE(Signed)Witnessed by(1) (2)High Court Amendment-[Andhra Pradesh].-Same as that of Madras.[Bombay].-The following to be added:-"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."-(1.10.1983).[Kerala].-Insert after the words "varied by the appellate Court" the words "or in further appeal from the decree of the said Court."-(9.6.1959).[Madras].-In the second para, after the word "be confirmed or varied by the appellate Court" insert the words "or in further appeal or appeals from the decree of the said Court".No. 3Security Bond to be Given During the Pendency of Appeal(Order 41, Rule 6)(Title)To This security bond on stay of execution of decree executed by witnesseseth:-That . . . . . . . . . . , the plaintiff in Suit No. . . . . . . . of . . . 20 . . . , having sued, the defendant, in this Court and a decree having been passed on the . . .... day of .... . . 20 . . ., 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 .... . . . . . . . . . 20 . . . ./SCHEDULE(Signed)Witnessed by (1) (2)High Court Amendments.-[Andhra Pradesh].-Same as that of Madras.[Bombay].-(1) For the opening words "This security bond, on stay of execution of decree executed by" the following shall be inserted : "This security bond, on order being made for execution of decree, executed by" (2)The following to be added at the end of Form 3 :-"Note.-Unless appropriately altered, the printed form bind 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."-(1.10.1983).[Kerala].-Same as that of Madras-(9.6.1959).[Madras].-In the second para after the words "be reserved or varied by the appellate Court" inser the words "or in further appeal or appeals from the decree of the said Court".No. 4Security for Costs of Appeal(Order 4l, Rule 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 . . . 20 . . ., 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 .... . . . . . . . . . 20 . . ./SCHEDULE(Signed)Witnessed by (1) (2)No. 5Intimation to Lower Court of Admission of Appeal(Order 4l, Rule 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 .... . . . . . . . . . 20 . . .You are requred to send with all practicable despatch all material papers in suit.Dated the . . . . . . . . . .... day of .... . . . . . . . . . 20 . . .Judge.No. 6Notice to Respondent of the Day Fixed for the Hearing of the Appeal(Order 4l, Rule 14)(Title)Appeal from the . . . . . . . . . . of the Court . . . . . . . . . . of . . . . . . . . . . the . . . . . . . . . .... day of .... . . . . . . . 20 . . . ToRespondentTake 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 .... . . . . . . . . . 20 . . . . . . . . . . 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 . . . . . . . . .20 . . .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 that of Madras.[Kerala].-Forms 6-A and 6-B as in Madras except for "Madras" substitute "Kerala."-(9.6.1959).[Madras].-Insert the following not in red ink in Form no. 6 of Appendix G to Schedule I, namely:-"Also take 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 made an appearance".Insert the following Forms as 6-A and 6-B in Appendix G to the First Schedule of the Code of Civil Procedure:-No. 6-ANOTICE TO RESPONDENT[41-A, Rule 2](Cause Title)Appeal from the ................................... of the Court of ............................. dated the .......................... day of ........................... 20..........ToRespondentTake notice that an appeal from the above decree (order) has been presented by theabove-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 some one by law authorised,tgact 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 .............. 20 ..............Registrar(Interlocutory application No ........................ . of 20.. ... has been made by appellant, and execution has been stayed (or other orderade~hy..ur r ated the .................... day of ................... 20....No. 6-BMEMORANDUM OF APPEARANCE[41-A, Rule 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 is (insert address).The said respondent requires a list of the papers which the appellant proposes to translate and print.Dated this ................................. day of ........................ 20 ...............(Signed)C.D. Vakil for Respondent.ToThe Registrar, High Court of Judicature, Madras." (18-10-1917).No. 7Notice to a Party to a Suit not made a Party to the Appeal but Joined by the Court as a Respondent(Order 41, Rule 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 .... . . . . . . . . . 20 . . . , 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 . . . . . . . . .20 . . .Judge.No. 8Memorandum of Cross Objection(Order 41, Rule 22)(Title)Whereas the . . . . . . has preferred an appeal to the . . . . Court at . . . . . . . . . . from the decree of . . . . . . . . . in Suit No. . . . of 20 . . . , dated the . . . . . . . . . . . .day of . . . . . . . . .20 . . , and whereas notice of the day fixed for hearing the appeal was served on the . . . . . . . . . . . . . on the . . . . . . . . . . . .day of . . . . . .. . . . .20 . . . , the . . .. . . . . . files this memorandum of cross objection under rule 22 of Order 41 of the Code of Civil Procedure,1908, and sets forth the following grounds of objection to the decree appealed from, namely:- No. 9Decree in Appeal(Order 41, Rule 35)(Title)Appeal No. . . . . . . . . . . of 20 . . . from the decree of the Court of . . . . . . . . . dated the . . . . . . . . .... day of .... . . 20 .. . Memorandum of Appeal.Plaintiff.vs.Defendant.The . . . . . . . . . . above-named appeal to the . . . . . . . . . Court at . . . . . . . . . . from the decree of . . . . . . . . . . in the above suit, dated the . . . . . . . . . .... day of .... . . . . 20 . . . , for the following reasons, namely:-This appeal coming on for hearing on the . . . . . . . . . . day of. . . . . 20 . . . , 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 .... . . . . . . . . 20 . . .Judge
High Court Amendments.-[Andhra Pradesh].-Same as that of Madras.[Calcutta].-The words from "Memorandum of appeal.........." to "following reasons, namely:-" to be omitted.[Gauhati].-Same as that of Calcutta.[Kerala].-Same as in Madra except for the addition of the following item in the particulars of costs on the Respondent's side-"5. Fee for preparation of process."-(9.6.1959).[Madras].-Substitute the following for Form No. 9 in Appendix G :-"No.9DECREE/ORDERIn the Court of thePresent:-Judgeday,...................the..............day of......................................20.......................
Between:Appellant.andRespondent.On appeal from the Decree/Order of the Court of..............dated the......day of...................20,.........., and made in..............
Between:Plaintiff-Petitioner.andDefendant-Respondent.Particulars of valuation
DECREE/ORDER :-This appeal coming on this day for hearing having been heard on the .......day of......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 and 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 of Rs.Particulars of costs
Given under my hand and the seal of the Court, this......day of..........20.....COURTJudge
DECREE/ORDER(P.Dis.No. 62/66) (23.2.1966)[Orissa].Same as that of Patna.[Patna].In the schedule of costs in the Form No. 9 and add "copying or typing charges" below the item" Pleader's Free on Rs........."in the columns of Appellant and Respondent, and number the new entry in the first column as "5".No. 10Application to Appeal in IN forma pauperis(Order 44, Rule 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 .... . . . . . . . . . 20 . . .(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. 11Notice of Appeal In BIforma pauperis(Order 44, Rule 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 .... . . . . . . . . . 20 . . . and whereas the . . . . . . . . . .... day of .... . . . . . . . . .20 . . ., 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 . . . . . . . . . . 20 . . .Judge.No. 12Notice to Show Cause why a Certificate of Appeal to the Supreme Court should not be Granted(Order 43, Rule 3.)(Title)To [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.] [Substituted by Act No. 49 of 1973, for the former paragraph.] The . . . . . . . . . .... day of .... . . . . . . . 20 . . . . 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 .... . . . . . . . 20 . . . .Registrar.High Court Amendment-[Allahabad].-For Form No. 12, substitute the following:-No. 12NOTICE TO SHOW CAUSE WHY APPEAL TO THE SUPREME COURT SHOULD NOT BE GRANTED[Order 45 Rule 3]IN THE HIGH COURT OF JUDICATURE AT MADRASSupreme Court Petition No........ of 20...............Petitioner.Respondent.Respondents.ToTake notice that the above petitioner No ............................ of ................. on the file of this Court having presented the above petition praying for a certificate under Article 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)Madras .................................................................20........ Sub-Assistant Reg.App. Side"(10-10-1958).High Court Amendments-Form Nos. 12-A, 12-B, 12-C and 12-D.[Andhra Pradesh].-Forms 12-A, 12-B and 12-C, as in Madras, Add Form 12-D :-"No.12-DCERTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT UNDER ORDER 45, RULE 7(In cases where leave is granted under Article 132(1) of the Constitution)Read petition presented under Order 45, 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 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 .............. 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).....................................................(9.8.1957).[Kerala].-Form 12-A, 12-B and 12-C, as in Madras.- (9-6-1959)[Madras].-Insert the following as new Forms after Form No. 12:-"No.12-ACERTIFICATE OF LEAVE APPEAL TO THE SUPREME COURT[Order 45 Rule 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 45 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 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/value of the subject-matter of the suit in the Court of first instance is Rs. 20,000/(upwards of Rs. 20,000) and the amount/value of the subject matter in dispute on appeal to the Supreme Court is also of the value of Rs. 20,000/( upwards of Rs. 20,000)or that the decree/(final order) appealed from does not affirm the decision of the lower Court."No. 12-BCERTIFICATE OF LEAVE 0F APPEAL THE SUPREME COURT[Order 45, Rule 7](In cases where the subject-matter is of sufficient value and the findings of the Court are concurrent).Read petition presented under 0. 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 Courtin Suit No ..................... of 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 ......... for the respondent (if he appears) this Court doth certify that the amount/value of the subject-matter of the suit in the Court of first instance is (Rs. 20,000)/upwards of Rs. 20,000 and the amount/value of the subject-matter in dispute on appeal to the Supreme Court is also of the value of Rs. 20,000/(upwards of Rs. 20,000) or that the decree/final order appealed against involves directly/indirectly some claim or question to/respecting property of the value of Rs. 20,000/(upwards of Rs. 20,000) and that the affirming decree/final order appealed from involves the following substantial question(2) of law, viz.:- (1)- -- (2)No. 12-CCERTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT[Order 45 Rule 7](In cases where the subject-matter in dispute is either not of sufficient value or is incapable of money valuation).Read petition presented under 0. 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 Courtin .............................. Suit No..................... of ........... 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 ........... for the respondent (if he appears) this Court cloth certify that the amount/value of the subject-matter of the suit both in the Court of first instance and in this Court is (below Rs. 20,000 in value)/(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 reasons set forth below, viz.: (1) (2)No. 13Notice to Respondent of Admission of Appeal to the Supreme Court(Order 45, Rule 8.)(Title)To Whereas . . . . . . . . . . . . . . . . . . . . . . . . , the . . . . . . . . . . . . . . . . in the above case, has furnished the security and made the deposit required by Order 45, 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 .... . . . . . . . 20 . . . .Given under my hand and the seal of the Court, this . . . . . . . . . .... day of .... . . . . . . . 20 . . . .Registrar.No. 14Notice to Show Cause Why a Review should not be Granted(Order 47, Rule 4.)(Title)To Take notice that . . . . . . . . . . . . . . . . has applied to this Court for a review of its decree passed on the . . . . . . . . ..... day of .... . . . . . . . 20 . . . . 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 .... . . . . . . . 20 . . . .Judge.
| Plaintiff | Defendant | ||||
| Rs A.P. | Rs. A.P. | ||||
| 1.Stamp for plaint | ...... | Stamp for power | ..... | ||
| 2.Do. for power | ...... | Do. for petition | ...... | ||
| 3.Do. for exhibit | ...... | Pleader's fee | ..... | ||
| 4.Pleader's fee on Rs. | ...... | Subsistence for witnesses | ..... | ||
| 5.Subsistence for witness | ..... | Service of process | ...... | ||
| 6.Commissioner's fee | ..... | Commissioner's fee | ....... | ||
| 7.Service of process | ...... | ||||
| _______ | _______ | ||||
| Total | ...... | Total | ...... |
| Appeal Suit | No..............................of20.................................... |
| Civil Miscellaneous Appeal Suit |
| Original Suit | No........................of 20....... |
| Execution Petition | |
| Interlocutory Application |
| Rs. | A.P. | ||||
| 1.Valuation of Appeal | ... | ... | ... | ||
| 2.Do. suit | ... | ... | ... |
| Appellants | Amount | Respondents | 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 processes | ||||
| 4.Stamp on petitions | 4.Pleader's fee on Rs. | ||||
| 5.Process fee | |||||
| 6.Fee for preparation of process | |||||
| 7.Pleader's fee on Rs. | |||||
| __________ | __________ | ||||
| Total | Total | ||||
| | | | | | |
| Appeal Suit | No.................of 20.......................... |
| Civil Miscellaneous | |
| Appeal Suit |
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