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Damayanti (Unemployed)     22 February 2011

Definition of Appeal, appealable, appellate Court? in CPC

Is O41 R5 applicable to non-appealable interim Order?

 

O 41 R5, sub rule(2): Stay by Court which passed the decree—Where an application is made for Stay of execution of an appealable decree before the expiration of the time allowed for appealing therefrom ....... ..........

 

Is there exact Definition of Appeal, appealable, appellate Court in CPC?

 

Can definition of 'appeal' be taken as 'redressal' mode?

Also Can definition of 'appellate Court/Jurisdiction' be taken as a 'court/jurisdiction of redressal' ?

 

 

 

 

 

 



Learning

 1 Replies

Amit Pateria (Advocate & Consultant (Law) Supreme Court of India New Delhi)     22 February 2011

HI,

The expressions “appeal” and “memorandum of appeal” are used to denote two distinct things. The appeal is the judicial examination and the memorandum of appeal contains the grounds on which the judicial examination is invited (O 41 R1). Once an Appeal has been fined, the Jurisdiction rests with the Appellate Court (O41 R5). An order rejecting time barred memorandum of appeal is neither a decree nor an appealable order-revision lies.

CONDITIONS OF STAY – you must satisfy the Court that

  1. Substantial loss would occur
  2. no delay in filing application
  3. sufficient security has been furnished.
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