Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 221

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 221, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

     14. Publication and service of notice of day for hearing appeal.—(1) Notice of the day fixed under
rule 12 shall be affixed in the Appellate Court-house, and a like notice shall be sent by the Appellate
Court to the Court from whose decree the appeal is preferred, and shall be served on the respondent or on
his pleader in the Appellate Court in the manner provided for the service on a defendant of a summons to
appear and answer, and all the provisions applicable to such summons, and to proceedings with reference
to the service thereof, shall apply to the service of such notice.
     (2) Appellate Court may itself cause notice to be served.—Instead of sending the notice to the
Court from whose decree the appeal is preferred, the Appellate Court may itself cause the notice to be
served on the respondent or his pleader under the provisions above referred to.
     1
       [(3) The notice to be served on the respondent shall be accompanied by a copy of the memorandum
of appeal.
     (4) Notwithstanding anything to the contrary contained in sub-rule (1), it shall not be necessary to
serve notice of any proceeding incidental to an appeal on any respondent other than a person impleaded
for the first time in the Appellate Court, unless he has appeared and filed an address for the service in the
Court of first instance or has appeared in the appeal.
     (5) Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.]
    15. [Contents of notice.] Omitted by Code of Civil Procedure (Amendment) Act 1999, (46 of
1999), s. 31 (w.e.f. 1-7-2002.)
                                                 Procedure on hearing    e
                                                                  od
     16. 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.
                                                           aC
     (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.
                                                       di
     17. Dismissal of appeal for appellants’ default.—(1) Where on the day fixed, or on any other day to
                                                  In
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.
    2
    [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.
   18. [Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit cost.]
Omitted by the Code of Civil Procedure ( Amendment) Act, 1999 (46 of 1999) s. 31 (w.e.f. 1-7-2002).

    19. Re-admission of appeal dismissed for default. —Where an appeal is dismissed under rule 11,
sub-rule (2) or rule 17 2[***] 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.
     20. Power to adjourn hearing and direct persons appearing interested to be made respondents.—
3
 [(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.




1. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
2. The words “or rule 18” omitted by Act 46 of 1999, s. 31(w.e.f. 1 -7-2002).
3. Rule 20 re-numbered as sub-rule (1) by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).

                                                       221

Compare original page image