THE FIRST SCHEDULE · ORDER XLI APPEALS FROM ORIGINAL DECREES · Procedure on admission of appeal

Order XLI Rule 11: Power to dismiss appeal without sending notice to Lower Court

The Code of Civil Procedure, 1908

¹[(1) The Appellate Court after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that day may dismiss the appeal].

(2) If on the day fixed or any other day to which the hearing may be adjourned the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed.

(3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the appeal is preferred.

²[(4) Where an Appellate Court, not being the High Court, dismisses an appeal under sub-rule (1), it shall deliver a judgment, recording in brief its grounds for doing so, and a decree shall be drawn up in accordance with the judgment.]

Footnotes in the official text

1.Subs. by Act 46 of 1999, s. 31, for sub-rule (1) (w.e.f. 1-7-2002).
2.Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).

Questions on this rule

1 question in 5 of our papers cite Order XLI Rule 11. Try these from the free papers:

1. A decree passed by the trial court contained an arithmetical error in the amount awarded. The defendant's appeal against it was dismissed by the Appellate Court under Order XLI Rule 11 without notice to the respondent. The plaintiff now seeks correction of the error. Under Section 153A CPC:

Practise questions on Civil Procedure Code