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THE FIRST SCHEDULE · ORDER XLI APPEALS FROM ORIGINAL DECREES · Procedure on hearing

Order XLI Rule 19: Re-admission of appeal dismissed for default

The Code of Civil Procedure, 1908

Where an appeal is dismissed under rule 11, sub-rule (2) or rule 17 1[***] the appellant may apply to the Appellate Court for the re-admission of the appeal; and, where it is proved that he was prevented by any sufficient cause from appearing when the appeal was, called on for hearing or from depositing the sum so required, the Court shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit.

Footnotes in the official text

  1. 1.The words “or rule 18” omitted by Act 46 of 1999, s. 31(w.e.f. 1-7-2002).

Questions on this rule

1 question in 9 of our papers cite Order XLI Rule 19. Try these from the free papers:

  1. 1. Which of the following orders are appealable under Order XLIII Rule 1 CPC? 1. An order under Order XXXIII Rule 5 or Rule 7 rejecting an application for permission to sue as an indigent person. 2. An order under Order XL Rule 1 appointing a receiver. 3. An order under Order XLI Rule 19 refusing to re-admit an appeal dismissed for default. 4. An order under Order VI Rule 17 refusing leave to amend a pleading. Select the correct answer:

Practise questions on Civil Procedure Code