Rule 16 Order XLI of Code of Civil Procedure 1908 "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 once, hear the respondent against the appeal and in such
case the appellant shall be entitled to reply.
Rule 17 Order XLI of Code of Civil Procedure 1908 "Dismissal of appeal for appellants' 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, the Court may make
an order that the appeal be dismissed.
Explanation-Nothing in this sub-rule shall be construed as
empowering the Court to dismiss the appeal on the merits.
(2) Hearing appeal ex parte - Where the appellant appears
and the respondent does not appear the appeal shall be heard
ex parte.
Rule 18 Order XLI of Code of Civil Procedure 1908 "Dismissal of and where notice not served in consequence of appellant's failure to deposit costs"
On the day fixed, or on any other day to which the
hearing may be adjourned, it is found that the notice to the
respondent has not been served in consequence of the failure
of the appellant to deposit, within the Period fixed, the
sum required to defray the cost of serving the notice or, if
the notice is returned and it is found that the notice to
the respondent has not been issued in consequence of the
failure of the appellant to deposit, within any subsequent
period fixed, the sum required to defray of the cost of any
further attempt to serve the notice, the Court may make an
order that the appeal be dismissed:
Provided that no such order shall be made although the
notice has not been served upon the respondent, if on any
such day the respondent appears when the appeal is called on
for hearing.
Rule 19 Order XLI of Code of Civil Procedure 1908 "Re-admission of appeal dismissed for default"
Where an appeal is dismissed under rule 11, sub-rule (2) or rule 17 or rule 18, the appellant may apply to the Appellate Court for the re-admission of the appeal; and, where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing or from depositing the sum so required, the Court shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit.
Rule 20 Order XLI of Code of Civil Procedure 1908 "Power to adjourn hearing and direct persons appearing interested to be made respondents"
(1) 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 interested in the result of the
appeal, the Court may adjourn the hearing to a future day to
be fixed by the Court and direct that such person be made a
respondent.
(2) No respondent shall be added under this rule, after the
expiry of the period of limitation for appeal, unless the
Court, for reasons to be recorded, allows that to be done,
on such terms as to costs as it thinks fit.
Rule 21 Order XLI of Code of Civil Procedure 1908 "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 Appellate Court to re-hear the appeal; and, if he satisfies the Court that the notice was not duly served or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing, the Court shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.
Rule 22 Order XLI of Code of Civil Procedure 1908 "Upon hearing respondent may object to decree as if he had preferred a separate appeal"
(1) Any respondent, though he may not have appealed from
any part of the decree, may not only support the decree
21[but may also state that the finding against him in the
Court below in respect of any issue ought to have been in
his favour; and may also take any cross-objection] to the
decree which he could have taken by way of appeal provided
he has filed such objection in the Appellant Court within
one month from the date of service on him or his pleader of
notice of the day fixed for hearing the appeal, or within
such further time as the Appellate Court may see fit to
allow.
Explanation.- A respondent aggrieved by a finding of the
Court in the Judgment on which the decree appealed against
is based may, under this rule, file cross-objection in
respect of the decree in so far as it is based on that
finding, notwithstanding that by reason of the decision of
the Court on any other finding which is sufficient for the
decision of the suit the decree, is, wholly or in part, in
favour of that respondent.
(2) Form of objection and provisions applicable thereto-
Such cross-objection shall be in the form of a memorandum,
and !he provisions of rule 1, so far as they relate to the
form and contents of the memorandum of appeal, shall apply
thereto.
(3) Unless the respondent files with the objection a written
acknowledgement from the party who may be affected by such
objection or his pleader of having received a copy thereof,
the Appellate Court shall cause a copy to be served, as soon
as may be after the filing of the objection, on such party
or his pleader at the expense of the respondent.
(4) Where, in any case in which any respondent has under
this rule filed a memorandum of objection, the original
appeal is withdrawn or is dismissed for default, the
objection so filed may nevertheless be heard and determined
after such notice to the other parties as the Court thinks
fit.
(5) The provisions relating to appeals by indigent persons
shall, so far as they can be made applicable, apply to an
objection under this rule.
Appeal from orders and Procedure Rule 1 and 2 of Order XLIII of Code of Civil Procedure 1908