Procedure
Full Text
The rules of Order XLI shall apply, so far as may be, to appeals from orders.
Plain English Summary
Applies the procedural framework of Order XLI mutatis mutandis to appeals from orders under Section 104 and Order XLIII Rule 1, governing memorandum presentation, stay of proceedings, summary disposal, and appellate judgment.
Key Legal Elements
- Mutatis Mutandis Principle: Procedural mechanics of Order XLI apply fully to appeals from orders under Section 104 / Order 43 Rule 1.
- Stay of Operation / Execution: Appellate court exercises stay powers under Order XLI Rule 5 in miscellaneous appeals.
- Summary Dismissal: Court can dismiss FAO at admission stage under Order XLI Rule 11 without issuing notice.
- Restoration & Default: Order XLI Rule 17 (dismissal for default) and Rule 19 (re-admission on sufficient cause) govern non-appearance.
- Additional Evidence: Order XLI Rule 27 principles apply if additional documents are sought to be placed in miscellaneous appeal.
Practical Note
Interim Relief & Procedural Discipline in Appeals from Orders: 1. Ad-Interim Injunctions Pending FAO: In appeals from orders under Order 43 Rule 1(r) (injunctions) or Rule 1(s) (receivers), the appellant's primary objective is obtaining urgent interim protection. By operation of Rule 2 read with Order XLI Rule 5, the appellate court has full jurisdiction to grant ad-interim stay or status quo during the pendency of the appeal. 2. Applicability of Order 41 Rule 31: Even in appeals from orders, the appellate court must formulate the points for determination and give concise reasons for affirming, reversing, or modifying the trial court's order.
हिंदी पाठ
आदेश 41 के नियम, जहां तक हो सके, आदेशों की अपीलों को लागू होंगे।