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The Code of Civil Procedure, 1908: page 220

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 220, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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such property and for the due performance of the decree or order of the Appellate Court, or the Appellate
Court may for like cause direct the Court which passed the decree to take such security.
     (2) Where an order has been made for the sale of immovable property in execution of a decree, and an
appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court
which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit
until the appeal is disposed of.
     7. 1[No security to be required from the Government or a public officer in certain cases.] Rep. by the
A.O. 1937.
     8. Exercise of power in appeal from order made in execution of decree.—The powers conferred
by rules 5 and 6 shall be exercisable where an appeal may be or has been preferred not from the decree
but from an order made in execution of such decree.
                                      Procedure on admission of appeal
     2
       [9. Registry of memorandum of appeal.—(1) The Court from whose decree an appeal lies shall
entertain the memorandum of appeal and shall endorse thereon the date of presentation and shall register
the appeal in a book of appeal kept for that purpose.
     (2) Such book shall be called the register of appeal.]
     10. Appellate Court may require appellant to furnish security for costs.—(1) The Appellate
Court may in its discretion, either before the respondent is called upon to appear and answer or afterwards
                                                                          e
on the application of the respondent, demand from the appellant security for the costs of the appeal, or of
the original suit, or of both:                                           od
     Where appellant resides out of India.—Provided that the Court shall demand such security in all
                                                                     aC
cases in which the appellant is residing out of 3[India], and is not possessed of any sufficient immovable
property within 3[India] other than the property (if any) to which the appeal relates.
                                                                di
     (2) Where such security is not furnished within such time as the Court orders, the Court shall reject
the appeal.                                               In
     11. Power to dismiss appeal without sending notice to Lower Court.—4[(1) The Appellate Court
after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on
that day may dismiss the appeal].
     (2) If on the day fixed or 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.
     (3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the
appeal is preferred.
     5
       [(4) Where an Appellate Court, not being the High Court, dismisses an appeal under sub-rule (1), it
shall deliver a judgment, recording in brief its grounds for doing so, and a decree shall be drawn up in
accordance with the judgment.]
     5
       [11A. Time within which hearing under rule 11 should be concluded.—Every appeal shall be
hear under rule 11 as expeditiously as possible and endeavour shall be made to conclude such hearing
within sixty days from the date on which the memorandum of appeal is filed.]
     12. Day for hearing appeal.—(1) Unless the Appellate Court dismisses the appeal under rule 11, it
shall fix a day for hearing the appeal.
     6
       [(2) Such day shall be fixed with reference to the current business of the Court.]
     13. [Appellate Court to give notice to Court whose decree appealed from.] Omitted by Code
of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 31 (w.e.f. 1-7-2002.)



1. See order XXVII, rule 8A, supra.
2. Subs. by Act 46 of 1999, s. 31, for rule 9 (w.e.f. 1-7-2002).
3. Subs. by Act 2 of 1951, s. 3, for “the States”.
4. Subs. by Act 46 of 1999, s. 31, for sub-rule (1) (w.e.f. 1-7-2002).
5. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
6. Subs. by Act 46 of 1999, s. 31, for sub-rule (2) (w.e.f. 1-7-2002).

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