AHC Rules 24Chapter VIII · Miscellaneous Provisions

Section 24 · Application for summary determination of a First Appeal. - (1) A respondent to a first appeal [***] [The words valued not less than twenty thousand rupees, omitted by Notification No. 680/VII-C-2, dated 26.11.1980, published in U.P. Gazette, Part II, dated 11.4.1981, p. 27.] who has filed no cross-objection, may on receipt of a notice to appear and answer the appeal and within thirty days of the date fixed in the notice for his appearance make an application for the summary determination of the appeal on the ground that it is frivolous or vexatious or that it has been filed merely to cause delay or that it can be disposed on of a preliminary ground and that a paper-book is not necessary for its disposal

(2)

The application shall be accompanied by documentary proof of the fact that a copy of the application has been served on the appellants' Advocate. Such proof may consist of an acknowledgment from such Advocate of having received the copy or a postal acknowledgment in case the copy was served on him by registered post or an affidavit showing how the service was effected.

(3)

The application along with the appeal shall be listed for hearing as early as possible after the expiry of thirty days from the date when notice of the application was served on the appellants' Advocate provided that no cross-objection has been filed in the appeal. If the Court does not summarily dismiss the appeal, it shall reject the application and thereafter the appeal shall proceed as if no application under this Rule had been made. In case a cross-objection has been filed before the application is listed for hearing, the court shall reject the application.Section K-Civil Revisions and Appeals From Appellate orders

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