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The Code of Civil Procedure, 1908: page 225

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 225, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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   (3) The decree shall also state the amount of costs incurred in the appeal, and by whom, or out of
what property, and in what proportions such costs and the costs in the suit are to be paid.
       (4) The decree shall be signed and dated by the Judge or Judges who passed it:
    Judge dissenting from judgment need not sign decree.—Provided that where there are more
Judges than one and there is a difference of opinion among them, it shall not be necessary for any Judge
dissenting from the judgment of the Court to sign the decree.
    36. Copies of judgment and decree to be furnished to parties.—Certified copies of the judgment and
decree in appeal shall be furnished to the parties on application to the Appellate Court and at their expense.
     37. Certified copy of decree to be sent to Court whose decree appealed from.—A copy of the
judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall
be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in
the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits.
                                                     ORDER XLII
                                       APPEALS FROM APPELLATE DECREES
       1. Procedure.—The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees.
       1
      [2. Power of Court to direct that the appeal be heard on the question formulated by it.—At the time
                                                                           e
                                                                    od
of making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate
the substantial question of law as required by section 100, and in doing so, the Court may direct that the second
appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground
                                                             aC
in the appeal without the leave of the Court, given in accordance with the provision of section 100.
                                                           di
    3. Application of rule 14 of Order XLI.—Reference in sub-rule (4) of rule 14 of Order XLI to the
Court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a
                                                     In
reference to the Court to which the appeal was preferred from the original decree or order.]
                                                     ORDER XLIII
                                              APPEALS FROM ORDERS
    1. Appeal from orders.—An appeal shall lie from the following orders under the provisions of
section 104, namely:—
      (a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court
   2
    [except where the procedure specified in rule 10A of Order VII has been followed];
           3
               *               *                       *                           *                    *
       (c). an order under rule 9 of order IX rejecting an application (in a case open to appeal) for an order
   to set aside the dismissal of a suit;
      (d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an
   order to set aside a decree passed ex parte;
           3
           *                   *                       *                           *                    *
           (f) an order under rule 21 of Order XI;
           3
           *                   *                       *                           *                    *
      (i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an
   endorsement;
      (j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;



1. Ins. by Act 104 of 1976, s. 88 (w.e.f. 1-2-1977).
2. Ins. by s. 89, ibid (w.e.f. 1-2-1977).
3. Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977).

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