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The Code of Civil Procedure, 1908: page 228

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 228, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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             (3) accounts, or portions of accounts, which the officer empowered by the Court for that
         purpose considers unnecessary, and which the parties have not specifically asked to be
         included; and
              (4) such other documents as the High Court may direct to be excluded:
    1
    [Provided that the Court at the time of granting the certificate may, after hearing any opposite party
who appears, order on the ground of special hardship that some other form of security may be furnished:
    Provided further, that no adjournment shall be granted to an opposite party to contest the nature of
such security.]
    2
     *                      *                              *              *                       *
   8. Admission of appeal and procedure thereon.—Where such security has been furnished and
deposit made to the satisfaction of the Court, the court shall—
         (a) declare the appeal admitted,
         (b) give notice thereof to the respondent,
        (c) transmit to 3[the Supreme Court] under the seal of the Court a correct copy of the said record,
    except as aforesaid, and                                          e
                                                                     od
        (d) give to either party one or more authenticated copies of any of the papers in the suit on his
    applying therefore and paying the reasonable expenses incurred in preparing them.
                                                                 aC
   9. Revocation of acceptance of security.—At any time before the admission of the appeal the Court
may, upon cause shown, revoke the acceptance of any such security, and make further directions thereon.
                                                               di
    4
     [9A. Power to dispense with notices in case of deceased parties.—Nothing in these rules requiring
                                                     In
any notice to be served on or given to an opposite party or respondent shall be deemed to require any
notice to be served on or given to the legal representative of any deceased opposite party or deceased
respondent in a case, where such opposite party or respondent did not appear either at the hearing in the
Court whose decree is complained of or at any proceedings subsequent to the decree of that Court:
    Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same
in some conspicuous place in the court-house of the Judge of the district in which the suit was originally
brought, and by publication in such newspapers as the Court may direct.]
    10. Power to order further security or payment.—Where at any time after the admission of an
appeal but before the transmission of the copy of the record, except as aforesaid, to 1[the Supreme Court],
such security appears inadequate,
    or further payment is required for the purpose of translating, transcribing, printing, indexing or
transmitting the copy of the record, except as aforesaid,
    the Court may order the appellant to furnish, within a time to be fixed by the Court, other and
sufficient security, or to make, within like time, the required payment.
    11. Effect of failure to comply with order.—Where the appellant fails to comply with such order,
the proceedings shall be stayed,
    and the appeal shall not proceed without an order in this behalf of, 1[the Supreme Court],
    and in the meantime execution of the decree appealed from shall not be stayed.


1. Added by Act 26 of 1920, s. 3.
2. Sub-rule (2) omitted by the A.O. 1950.
3. Subs. by the A.O. 1950, for “His Majesty in Council”.
4. Ins. by Act 26 of 1920, s. 4.

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