Under Order XLI, Rule 1 of the Code of Civil Procedure, 1908, every appeal must be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the court. It is a mandatory requirement that the memorandum be accompanied by a certified copy of the decree appealed from and the judgment on which it is founded.
5202
Under Order XLV, Rule 2 of the Civil Procedure Code, to which court must a party apply for a certificate to appeal to the Supreme Court?
Order XLV, Rule 2 of the Code of Civil Procedure specifies that an application for a certificate to appeal to the Supreme Court must be made by petition to the court whose decree is complained of. This ensures that the court that originally passed the judgment or decree has the first opportunity to certify whether the case involves a substantial question of law of general importance.
5203
What is the statutory time limitation for filing an application under Section 12(2) of the Code of Civil Procedure (CPC)?
Under the Limitation Act as applied to the Code of Civil Procedure, the time limit for filing an application under Section 12(2) is three years. This section pertains to challenges against judgments or decrees obtained through fraud or misrepresentation, and the law imposes this specific period to ensure legal certainty and timely resolution of disputes.
5204
What is the limitation period for filing a revision application under Section 115 of the Code of Civil Procedure?
Section 115 of the Code of Civil Procedure grants the High Court the power of revision to correct jurisdictional errors made by subordinate courts. The Limitation Act provides a period of 90 days for a party to approach the High Court for revision. This period is intended to balance the need for judicial oversight with the requirement for finality in the decisions of lower courts.
5205
What power is conferred upon an Appellate Court by Order XLI, Rule 27, of the CPC?
Order XLI, Rule 27 of the CPC provides the Appellate Court with the discretionary power to allow the production of additional evidence if the court deems it necessary to pronounce a judgment or for any other substantial cause. This ensures that the appellate process can address gaps in the trial record.
5206
Which law governs the right of appeal in a legal proceeding?
It is a settled principle of procedural law that the right of appeal is a substantive right that vests in a party at the time the original suit is instituted. Therefore, the law applicable at the commencement of the litigation governs the right to appeal, rather than the law at the time of the judgment or the appeal itself.
5207
What is the formal designation for the register maintained by an Appellate Court to record the filing of appeals?
In the procedural administration of courts, the 'Register of Appeal' is the official ledger where the particulars of an appeal are entered upon its institution. This ensures a systematic tracking of appellate cases as they move through the judicial hierarchy, providing a chronological record for administrative and judicial reference.
5208
What is the statutory time limit for filing an appeal against a decree or order of a Civil Judge to the Court of the District Judge?
Under the Code of Civil Procedure and relevant limitation laws, the standard period for filing an appeal against a decree or order passed by a Civil Judge is 30 days from the date of the judgment. This limitation period is strictly enforced to ensure the finality of judicial proceedings and to prevent indefinite litigation, allowing parties a reasonable window to seek appellate review.
5209
How many rules are contained within Order XLII of the Code of Civil Procedure (C.P.C.)?
Order XLII of the Code of Civil Procedure, 1908, which deals with appeals from appellate decrees, contains only one rule. Since the options provided do not include 'one', the correct choice is 'None of the above'. This rule specifies that the rules of Order XLI shall apply, as far as may be, to appeals from appellate decrees.
5210
What is the legal nature of an order declaring a party as a pauper for the purpose of exempting them from court fees?
An order allowing or rejecting an application to sue as a pauper is generally considered a procedural order. Under the Civil Procedure Code, such orders are typically subject to the revisional jurisdiction of the High Court under Section 115, rather than being directly appealable as a decree or appealable order.