Code of Civil Procedure, 1908
Code of Civil Procedure, 1908
THE FIRST SCHEDULE — Orders · Order XLII

Appeals From Appellate Decrees

Synced on 04 Jul 2026Text as per India Code

1. Procedure.

The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees.

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[2. Power of Court to direct that the appeal be heard on the question formulated by it —At the time

of making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate

the substantial question of law as required by section 100, and in doing so, the Court may direct that the second

appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground

in the appeal without the leave of the Court, given in accordance with the provision of section 100.

3. Application of rule 14 of Order XLI.

Reference in sub-rule (4) of rule 14 of Order XLI to the

Court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a

reference to the Court to which the appeal was preferred from the original decree or order.]

1. Ins. by Act 9 of 1922, s. 4, which under s. 1(2) thereof, may be brought into force in any State by the State Government on any

specified date. The Act has been brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P. Assam, Orissa and Tamil

Nadu.

2. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act,

1925 (U.P. 4 of 1925), s. 16(3).

3. Ins. by Act 104 of 1976, s. 88 (w.e.f. 1-2-1977).

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Judgments on Section Order XLII