ORDER XLVIII MISCELLANEOUS - RULE 1, 2, 3 OF CODE OF CIVIL PROCEDURE 1908

Is Process to be served at expense of party issuing? Orders and notices how served? Use of form in appendices? Rule 1, 2 and 3 of Order XLVIII of Code of Civil Procedure 1908

Process to be served at expense of party issuing, Orders and notices how served and Use of form in appendices are defined under Rule 1, 2 and 3 of Order XLVIII of Code of Civil Procedure 1908. Provisions under these Rules are:

 

Rule 1 Order XLVIII of Code of Civil Procedure 1908 "Process to he served at expense of party issuing"

(1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court otherwise directs.

(2) Costs of service- The court-fee chargeable for such service shall be paid within a time to be fixed before the process is issued.

 

Rule 2 Order XLVIII of Code of Civil Procedure 1908 "Orders and notices how served"

All orders, notices and other documents required by this Code to be given to or served on any person shall be served in the manner provided for the service of summons.

 

Rule 3 Order XLVIII of Code of Civil Procedure 1908 "Use of form in appendices"

The forms given in the appendices, with such variation as the circumstances or each case may require, shall be used for the purposes therein mentioned.

 

CODE OF CIVIL PROCEDURE 1908

ORDER XLI APPEALS FROM ORIGINAL DEGREES

Form of appeal, What to accompany memorandum? What are the Grounds which may be taken in appeal? What is Rejection or amendment of memorandums? How to file Application for condonation of delay? What is the meaning of One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all? Rule 1, 2, 3 and 4 of Order XLI of Code of Civil Procedure 1908

What is Stay by Appellate Court? What is Security in case of order for execution of decree appealed from? What is Exercise of powers in appeal from order made in execution of decree? Rule 5, 6, 7 and 8 of Order XLI of Code of Civil Procedure 1908

What is Registry of memorandum of appeals? Do Appellate Court may require appellant to furnish security for costs? What is the Power to dismiss appeal without sending notice to Lower Courts? How to fix Day for hearing appeal? Should Appellate Court to give notice to Court whose decree applied from? How is Publication and service of notice of day for hearing appeal? What are the Contents of notice? Rule 9, 10, 11, 12, 13, 14 and 15 of Order XLI of Code of Civil Procedure 1908

What is Right to begin? What is the meaning of Dismissal of appeal for appellants' default? When  Dismissal of and where notice not served in consequence of appellant's failure to deposit costs? How to do Re-admission of appeal dismissed for default? What is the Power to adjourn hearing and direct persons appearing interested to be made respondents? How to do Re-hearing on application of respondent against whom ex parte decree made? Can Upon hearing respondent may object to decree as if he had preferred a separate appeal? Rule 16, 17, 18, 19, 20, 21 and 22 of Order XLI of Code of Civil Procedure 1908

What is Remand of case by Appellate Court? What is Remand in other Cases? Where evidence on record sufficient Appellate Court may determine case finally? Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from? Should Findings and evidence to be put on record? What are the Objections to finding? Should Order of remand to mention date of next hearing? Can Production of additional evidence in Appellate Court allowed? What is the Mode of taking additional evidence? What are the Points to be defined and recorded? Rule 23, 24, 25, 26, 27, 28 and 29 of Order XLI of Code of Civil Procedure 1908

Judgment when and where pronounced? What are Contents, date and signature of Judgment? What Judgment may direct? What is the Power of Court of Appeal? Is dissent to be recorded? Rule 30, 31, 32, 33 and 34 of Order XLI of Code of Civil Procedure 1908

What are Date and contents of decree? How many Copies of Judgment and decree to be furnished to parties? Should Certified copy of decree to be sent to Court whose decree appealed from? Rule 35, 36 and 37 of Order XLI of Code of Civil Procedure 1908