Section 75 to 78:

Introduction:

Sections 75 to 78 deal with the powers of the court to issue commissions and detailed provisions have
been made in order 26 of the code.

The power of the court to issue commission is discretionary and can be exercised by the court for doing
full and complete justice between the parties. It can be exercised by the court either on an application
by a party to the suit or of its own motion (suo motu).

S.75

The opinion of the commissioner with regard to matters which the court is required to decide is not
evidence and cannot be considered by the court.

Subject to such conditions and limitations as may be prescribed the Court may issue a commission;

a.to examine any person; genera rule is that all witness related to case are examined in open court, in
certain conditions person or witness either party in case or not are examined out of court by making
commission due to certain reasons such as ill, infirmity, threat to witnesses.

Order 26 rules 1 to 8 deal with examination of witnesses.

Question: list out the provisions in which examination of witnesses conducted by the commission?

O-26, R-1: if the person to be examined as a witness resides within the local limits of the court’s
jurisdiction, and

i. who is exempted under this code from attending the court as mentioned in sections 132 and
133 cpc, or
ii. who is from sickness or infirmity unable to attend it.

Reasons for granting permission to examine witness?

1. If the application is bona fide.

2. There are good reasons why witness cannot be examined in court such as sickness or infirmity.
3. Commission issued for examining a purdah nashin woman.

Cases:

2003 CLC 1151: The opposite party is entitled to cross examine the witness.

2006 CLC 1053: If the witness is sick and unable to attend the court then court can consider a medical
certificate only no need to summon medical officer as witness.

0-26, R-4: Any Court may in any suit issue a commission for the examination of –

a.any person resident beyond the local limits of its jurisdiction,

Note: the court has discretionary to issue or refuse to issue a commission. The issuance of commission
for examination of a witness is subject to an order of the court but it can also be issued with the consent
of party’s u/o-10, R-1A.
b) any person who is about to leave such limits before the date on which he is required to be examined
in Court; and

c) any person in the service of the State who cannot, in the opinion of the Court, attend without
detriment to the public service.

(2) Such commission may be issued to any Court, not being a High Court, within the local limits of whose
jurisdiction such person resides, or to any pleader or other person whom the Court issuing the
commission may appoint.

(3) The Court on issuing any commission under this rule shall direct whether the commission shall be
returned to itself or to any subordinate Court.

Case:

2004 MLD 402: The executing court is not empowered to appoint a local commission u/o-26.

0-26, R-4A:

Commission for examination of any person resident within the local limits of the jurisdiction of the
court. Basically, even if the rules say something else, a court can decide to have someone questioned as
part of a case if it's fair or helps speed things up. This questioning can be done in person or through
written questions, and whatever they say can be used as evidence in the case.

0-26, R-5: Where any Court to which application is made for the issue of commission for the
examination of a person residing at any place not within[Pakistan] is satisfied that the evidence of such
person is necessary, the Court may issue such commission or a letter of request as mentioned in section
77, cpc. Answer here completed.

R-2: An order for the issue of a commission for the examination of a witness may be made by the Court
either of its own motion like suo motu or on the application submitted by party, supported by affidavit
or otherwise, of any party to the suit or of the witness to be examined.

R- 3: A commission for the examination of a person who resides within the local limits of the jurisdiction
of the Court issuing the same may be issued to any person whom the Court thinks fit to execute it.

R-6: Every Court receiving a commission for the examination of any person shall examine him or cause
him to be examined pursuant thereto.

R-7: Where a commission has been duly executed it shall be returned, together with the evidence taken
under it, to the Court from which it was issued, unless the order for issuing the commission has
otherwise directed, in which case the commission shall be returned in terms of such order; and the
commission and the return thereto and the evidence taken under it shall (subject to the provisions of
the next following rule) form part of the record of the suit.

Note: Evidence recorded on commission should not be admitted in evidence without opportunity of
cross-examination being afforded.

The commissioner has right to disallow questions which he might consider irrelevant.

Where a document is admitted without any objection having been raised before the commissioner, its
admissibility cannot be challenged before the court.

R-8:

a) Normally, evidence gathered through a commission can't be used in court without the agreement of
the opposing party, unless:

The person who provided the evidence is outside the court's jurisdiction, deceased, too ill to attend
court, exempted from appearing, or a state employee whose absence would harm public service.

b) The court has the power to allow the evidence to be used even if the reasons for using a commission
no longer apply, at its discretion.

(b)to make a local investigation, O-6, R-9 to 10;

R-9: Commissions for Local Investigations: In any suit in which the Court deems a local investigation to
be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the
market-value of any property, or the amount or any mesne profits or damages or annual net profits, the
Court may issue a commission to such person as it thinks fit directing him to make such investigation
and to report thereon to the Court:

Examples where local investigation is ordered by the court.

1. To determine compensation due for unexpired portion of lease, or

2. For partitioning of a property, or
3. Determining identity of a property, or
4. To determine value of a property.

Relevant judgments:

1991 MLD 663, Exception: The court cannot appoint one of its officials as a local commissioner.

2004 CLC 1875: The court has discretion to order or refuse a local investigation, but prior to doing so
notice to the other side ought to be given.

P 2009 SC 16: The reason behind making local investigation is to clarify evidence on record, or

Note:

It also helps the court in deciding the question in controversy pending before it.

R-10: Procedure of commissioner:

1. The commissioner, after inspecting locally if needed, will write down the evidence gathered and
submit it along with a signed report to the court.

2. This report and evidence become part of the case record. The court or any party involved can
question the commissioner in court about the matters in the report.
If the court isn't happy with how the commissioner conducted the inquiry, it can order further
investigation.

19995 CLC 1012: Notice should be given to the parties of the time when local investigation is to be
made.

2007 YLR 2797: The Lahore High Court Rules Volume I, Chapter I, Part M, deal with the procedure to be
followed by the Local Commissioner.

(c)to examine or adjust accounts, O-6, R-11 to 12;

Commission to examine Accounts.

R-11: In any suit in which an examination or adjustment of accounts is necessary, the Court may issue a
commission to such person as it thinks fit directing him to make such examination or adjustment.

Executing court cannot appoint a commissioner for taking accounts.

R-12:

(1) The Court shall furnish the Commissioner with such part of the proceedings and such instructions as
appear necessary and the instructions shall distinctly specify whether the Commissioner is merely to
transmit the proceedings which he may hold on the inquiry, or also to report his own opinion on the
point referred for his examination.

(2) The proceedings and report (if any) of the Commissioner shall be evidence in the suit, but where the
Court has reason to be dissatisfied with them, it may direct such further inquiry as it shall think fit.

A party can file objections to the report which the court should investigate.

2003 CLC 122: Only report of the commissioner made during investigation is taken as evidence in court
not his personal decision or opinion regarding the matters taken as this is the function of the court.

(d)to make a partition, O-6, R-13 to 18.

Commissions to make Partitions

R-13:

Where a preliminary decree for partition has been passed, the Court may, in any case not provided for
by section 54, issue a commission to such person as it thinks fit to make the partition or separation
according to the rights as declared in such decree.

2014 SCMR 151: Before partitioning of property, the commissioner should give notice to all the parties
interested in the property.

R-14:

1. The Commissioner, after investigating, divides the property into shares as ordered. They may also
adjust shares' values if allowed.
2. The Commissioner writes a report assigning each party their share. If there are multiple
Commissioners, they can write separate reports. These reports go to the Court. The Court listens to
objections and decides whether to approve, change, or reject the reports.

3. If the Court approves or changes the reports, it issues a decree based on them. If it rejects the
reports, it might order a new investigation or make another decision.

The civil court has no jurisdiction to hear objections to the partition made by the collector or to modify
the partition.

The parties can present objections against the commissioner report and give evidence in support of such
objections including examination of the commissioner. The court can direct further inquiry by the
commissioner or issue a second commission.

Case:

2010 CLC 1134: The court can order the sale of property which cannot be partitioned under the partition
act, 1893 and in such cases money compensation can be given.

This list provided in order 26 is not exhaustive, it can be used for other purposes too.

R-15:

R-16:

R-17:

R-18:

S. 76.

1. A court can ask another court, not a High Court, from a different province to examine someone who
lives in that other province.

2. The court receiving the request must examine the person or arrange for their examination. After
completing the examination, they send the results back to the court that issued the request, unless told
otherwise.

S. 77: In lieu of issuing a commission the Court may issue a Letter of request to examine a witness
residing at any place not request within Pakistan.

S. 78:

The rules for getting testimony from people outside of Pakistan, like through foreign embassies or
missions, will follow certain rules and limits set by the law. These rules also apply to commissions
requested by courts outside of Pakistan or authorized by the Central Government.

79. * * * In a suit by or against the 2Government) the authority to be named as plaintiff or defendants as
the case may be, shall be-

(a) in the case of a suit by or against the Central Government, Pakistan];

(b) in the case of a suit by or against a Provincial Government, the Province; and
This sections lays down the procedure in relation to suits by or against the government. It is also
appealable. This sections also applies to all types of claims by or against the government. Moreover, this
section is procedural in nature and does not restrict the scope of the substantive law.

S. 80:

Service of notice: 1. If someone wants to sue the government or a public officer for something they did
in their official role, they need to give written notice to the relevant government office or officer within
two months. The notice should state why they're suing, the plaintiff's details, and what they want as a
result.

Rule of procedure: 2. If someone starts a lawsuit without giving this notice or before the two months
are up, and they later settle the issue with the government or the officer agrees to their demands within
those two months, the plaintiff won't get any legal costs.

Proviso: However, if the lawsuit starts without notice, the court must give the government at least three
months to respond before making any decisions.

Object: the object of this section is to give time to the public officer and to the government at the
highest official level to reconsider the matters involved, and in cases where the suit has already been
instituted, to determine whether to defend the suit of to concede the claim of the plaintiff.

This section does not admit exceptions and is applicable to all forms of action and all types of relief.

Suits against the govt: notice is given to the govt in respect of all types of actions against the govt
whatever the character of the suit may be. Notice is to be given to the secretary to the govt, secretary
must bring the matter to authorities at the highest level.

Suits against the public officer: the public officer is to be sued personally and not in his public name
unless he is a corporation sole. A public functionary who is a proper party liable as defendant, should be
sued by designation or office and not in his own name.

Act done: notice is served only in cases where the cause of action is act done by a public officer. If cause
of action is not done by a public officer, then notice u.s 80 is not served to him.

Acts in which notice is given: this section applies to all acts whether done negligently or inadvertently or
illegally, bona fide or mala fide.

It also applies to suits founded on contract as well as tort, and also to declaratory suits.

When acts of public officer considered? All acts of public officers are not within the scope of section 80.
Only acts being done in an official capacity i.e., acts done within the sphere of official duties to be seen
to be done in an official capacity.

Exception: notice is not required when the action arises out of

1. Excesses and assault by police officers.

2. Use of insulting and defamatory language by the public officer.
3. Seizure of property without authority.

Should give notice if public officer has mala fide?

Some courts held that it is not required to give notice in such condition, whilst others have held it to be
necessary.

Format of notice: No any particular for is prescribed by s. 80, however, every notice shall clearly state
the

1. Cause of action,
2. The relief sought,
3. Contain the names and addresses of plaintiff.

Notice cannot be given before the accrual of the cause of action.

Time period: the period of notice is deductible in calculating limitation by virtue of section 15 (2) of the
limitation Act, 1908.

Conclusion: prior to the amendment of 1962, it was mandatory to give notice to public officer, prior to
instituting a suit. If not then plaint would be rejected under order 7 rule 11 however, now because of
the amendment order 7 rule 11 will not be applicable if prior notice is not given. But the govt will be
allowed three months of time to submit its written statement in case notice not served.

S. 81:

1. If someone sues a public officer for something they did in their official role:

a) The officer cannot be arrested, and their property cannot be taken away, except if there's a court
order for it after a decision is made.

b) If the court sees that the officer can't leave their work without harming public service, they don't
have to appear in court themselves.

S. 83:

1. Alien enemies living in Pakistan with the Central Government's permission, or alien friends, can sue in
provincial courts just like Pakistani citizens.

2. Alien enemies living in Pakistan without permission, or living in a foreign country, cannot sue in those
courts.

Explanation: Anyone living in a foreign country whose government is at war with or involved in military
actions against Pakistan, and doing business there without a specific license from the Central
Government, is considered an alien enemy residing in a foreign country for the purpose of this rule.

Nationality of a person is not determinative of whether a person is an alien enemy or not.

Definition of alien enemy: any person who voluntarily resides in a country which is at war with Pakistan
and carries on business in such country without the license of the federal govt. or

a citizen of Pakistan or of a neutral country residing in and carrying on business in a country at war with
Pakistan be an alien enemy unless such residence is with the permission of the govt, or

all persons who are subjects of a country at war with Pakistan will be alien enemies unless they are not
residing in that state, or
a company may be an alien enemy.

Exception: the mere fact that the enemy has overrun the territory does not make all residents alien
enemies.

Object of section: to arrest any action which may help or enrich the enemy.

Defense to alien: the alien enemies are not prohibited from offering defense, they can file an appeal
from a decision against him.

When can sue in Pakistan: The prohibition applies during the period of hostilities, during this period all
alien enemies residing outside Pakistan cannot sue in Pakistan in any circumstance but once peace is
restored they can sue.

S. 84:

1. A foreign country can sue in provincial courts if it's been officially recognized by the Central
Government. However, this is only allowed if the purpose of the lawsuit is to enforce a private right
belonging to the head of that country or one of its officers in their official capacity.

2. Courts automatically know whether a foreign country has been recognized by the Central
Government or not.

Suits by foreign states: a foreign state is allowed the privilege of bringing actions in the courts in
Pakistan on the basis of the principles of reciprocity, but the following conditions must be fulfilled;

1. such state must be recognized by the federal govt.

2. the object of such suit should be enforcement of a private right vested in the head of the state
or n any officer of such state in his public capacity.

Note: here private rights does not include individual or personal rights. Moreover, A foreign state can
file a suit against any person in Pakistan but it cannot file a suit against another state in relation to a
political matter.

S. 96: Appeal from original decree:

1. Unless stated otherwise, you can appeal against any decree made by a court in its original jurisdiction
to the court that hears appeals from that court.

2. You can appeal even if the original decree was given without the other party being present.

3. However, you can't appeal against a decree if both parties agreed to it.

Appeal:

Definition: The term appeal is not defined by the code. It is defined as when a complaint made to a
superior court against the decision of a subordinate court, or

any person having a grievance or dissatisfied with court decree or judgment has right to appeal in higher
court and write an application under section 12 (2) of the code, on the ground that it has been obtained
on the ground by fraud, or that it is contrary to the natural justice, or that it has been passed by the
court without jurisdiction.
Some facts related to appeal:

1. Well, it is not inherent right exercisable by a party consequent on the passage of decree. It can
only be availed of where it is expressly granted by the law and in that sense appeal is creation of
a statute.
2. The original decree remains binding upon the parties till such time as it is superseded by the
order of a superior court, and the presentation of an appeal merely renders the matter sub-
judice once again. Moreover, the filing of an appeal does not suspend the original decree or
prevent the execution of the decree appealed against.
3. An appellate court has always power to grant interim relief by suspending wholly or partially the
order appealed against.
4. On disposal of the appeal the decree of the subordinate court merges into the decree of the
appellate court, and on the basis of the same principle an appellate order merges into the final
decree.
5. The procedure for the institution and hearing of an appeal is prescribed in order 41.
6. No first or second appeal lie against a judgment or order passed in the exercise of revisional
jurisdiction.
7. Right to appeal cannot be conferred by consent of parties.
8. An appeal lies against the decree, and not against the findings, or decisions contained in the
judgment upon which the decree is base.
9. The appeal can be against the whole or a part of the decree.

Question of competency:

The question as to whether an appeal is competent of not, can only be decided by the court hearing the
appeal, after the appeal has been filed, and the court will dismiss an incompetent appeal. Furthermore,
the court can also reject appeals which are incompetent or of futile or fruitless.

An appeal is not competent unless a formal decree is drawn up, and where the court does not draw up a
decree, it is a matter for revision.

An appeal is competent even against a decree without jurisdiction.

If an appeal is filed before a competent court but under a wrong provision of law, the appeal is not
rendered incompetent.

If an appeal is filed before a wrong court on mistaken advice of counsel, then the delay occasioned may
be condoned u.s 5 or 14 of Limitation act, 1908.

When right of appeal lost?

The right of appeal may be lost;

a. Either upon the appellate court being abolished, or

b. Upon the parties to the decree entering into an agreement not to appeal, or
c. Party accepted order and obtained benefit barred subsequently from questioning it.

Who may appeal?

Those who were parties in the suit, or

Persons who are adversely affected by the decree, or

Persons who were not party in the suit can appeal if adversely affected with permission by the appellate
court, or

Judgment debtors, any of them can appeal against the decree, or

Legal representatives of a party can also file an appeal, or

A benamider on behalf of the real owner, or

A guardian on behalf of the minor, or

Co-defendants and co-plaintiffs can also file an appeal if adversely affected.

Who cannot file an application of appeal?

Transferee pendene lite, cannot claim the right to be impleaded as a party the appeal, or

Persons exempted from the operation of the decree, or

Pro forma defendants, or

Parties who have transferred their interest in the subject-matter, or

Appeal cannot be filed on behalf of a dead person,

Limitation:

Limitation for filing an appeal against a decree before the High Coourt is 90 days and against an order is
30 days.

Delay in filing an appeal can be condoned u.s 5 of LA, 1908.

An appeal filed within time cannot be dismissed for fiailure to pay the printing charges.

Time requisite for obtaining certified copies of the judgment and decree is deductible u.s 5 and 14 of the
LA, 1908.

Relevant cases:

A 1960 SC 980: Where a law imposes new restrictions or conditions on the right of appeal, it will not
affect pending appeals, unless so stipulated.

1965 SC 690: A party can also not raise new points which would require fresh investigation of facts.

PLJ 1980 AJK SC 139: A party cannot in appeal depart from the case set up by it before the trial court.

1986 CLC 2057: An appeal is vested right and not a matter of mere procedures.

1987 CLC 1259: An appeal lies to a Divisional Bench against a final or interlocutory order of a Single
Judge made in the exercise of original civil jurisdiction.

1989 MLD 3663: Each decree should be separately appealed against, and one appeal will not lie against
two decrees passed in different suits based on different causes of action.
2000 YLR 1296: Where two suits are consolidated and disposed of by one judgment, the aggrieved party
is not bound to file two separate appeals and one appeal would suffice.

2007 MLD 1: A party cannot also request to urge grounds abandoned before the lower court.

Differentiate between appeal and review?

Appeal Review
An appeal always lies before a superior/higher Review proceedings take place before the same
court. court which passed the order or decree sought to
be reviewed.
Appeal lies on any ground of fact or law. A review is only allowed in circumstances
specified in order 47 rule 1.
An appeal is right of party against whom decree Review is power with the court, originated by
passed, filed by aggrieved person. itself court and an application given by aggrieved
party.
Appeal is said to be continuation of proceedings Review is not the continuation of the
if accepted by the superior court. proceedings.
Sections 96 to 105 deals with it. Section 115 cpc deals with it.
An appeal is complaint made by aggrieved party Review is when same court make corrections in
in superior court against the subordinate court. its own order/decision.

Difference btw appeal and revision?

Appeal Revision
It is matter inter partes, i.e., with regard to matters Revision is matter btw a superior court and a
on which the parties differ. subordinate court regarding the manner of
exercise of jurisdiction.
It lies against the decree. Whilst a revision in addition is competent against a
decision or finding.
It is substantive right, when appeal dismissed, the Whereas revisional jurisdiction is discretionary and
substantive order is made by the appellate forum. when a revision is dismissed, the substantive order
is made by lower court.
 Any court authorized may hear an appeal. A revision lies only before the High Court or
District Court.
It is continuation of the suit. A revision unlike an appeal is not a continuation of
the suit.
In appeals, the courts have the power to interfere but in revision the influence of intervention is
in any way. limited.

There is only one procedure involved in an appeal In revision, however, two methods are included,
that is the hearing of the case. preliminary and final.

In an appeal a party is given a certain time limit to In revision there is no time limit, a party can file for
have filed an appeal which begins immediately a it any time though the time must be reasonable.
final decision is made by a lower court.
Sections for appeal deals from 96 to 105 of the Sections related to revision is 115 of cpc, 1908.
cpc, 1908.

Aggrieved party file an application of appeal in Revision is power of the court, originated by itself
superior against the subordinate court. court and an application given by aggrieved party.

1st appeal filed in district court, has wider scope. When conflict on jurisdiction arises, or lower court
Whereas second appeal u/s 104 filed in High Court had exercised over jurisdiction then revision
and has narrow scope. against lower court filed in High Court.

S.97:

If someone is unhappy with a preliminary decree given after this law started, but they don't appeal it,
they can't later argue that it was wrong in any appeal they make about the final decree.

S. 98:

1. If there are multiple judges hearing an appeal, and they all agree, their decision stands.

2. If the judges disagree, but no one writes a different judgment, the original decision stays.

3. However, if the appeal is heard by a bench of two judges from a court with more than two judges, and
they disagree on a legal point, they can ask other judges to decide on that point. The final decision will
be based on the majority opinion among all the judges who heard the appeal.

4. This rule doesn't change any rules already in place in the High Court's letters patent.

S. 99:

If there are mistakes in how parties are grouped together, or in stating the reasons for the lawsuit, or in
how the legal process is followed, but these mistakes don't change the main point of the case or the
court's authority, the appeal court won't change the original decision or send the case back for a new
trial.

S. 100:
Unless there's a specific rule saying otherwise, you can appeal to the High Court from a lower court's
decision for these reasons:

a) If the decision goes against the law or a legal custom.

b) If the decision doesn't settle an important legal issue.

c) If there's a big mistake in following the legal process that might have affected the decision.

S. 101:

The procedure for the institution and hearing of a second appeal is prescribed by order 42 and 41.

Court has discretionary to reject a second appeal that is not bases upon any of the grounds mentioned
in section 100c.

The party to the suit who was not made a party in the first, appeal, can write the permission of the court
present a second appeal.

When second appeal lies?

a second appeal lies on when ground of error of law, or an error in the procedure, which may have
affected the decision of the case upon the merits.

It also lies against a decree disallowing the respondent’s cross objection.

It lies to the high court from an appellate decree of a subordinate court.

second appeal also lie , where the conclusions drawn from the facts found are not sound.

Grounds on which a second appeal is permissible u.s 100 cpc.

When second appeal doesn’t lie?

A second appeal doesn’t lie on the ground of an error on question of fact.

It will not lie against a decree passed by a district court in the exercise of its revisional jurisdiction as
such a decree is not a decree passed in appeal.

A second appeal will not lies on the following grounds;

a. Misconstruction of documents,
b. Evidence is in writing of which meaning has been mistaken by the lower court,
c. There is not enough discussion of the evidence,
d. Where the directory powers have been judicially.
e. When there are some contradictions in evidence.

A second appeal also not lie against the finding of fact based on inferences drawn from documents
exhibited.

A second appeal not lies against the dismissal of an appeal in default.

Solution: when the second appeal doesn’t lie then the court can allow conversion of revision into a
second appeal and vice versa.

Limitations:

For filing a second appeal before HC is 90 days, under article 156 of LA, 1908.

Case:

2015 SCMR 1: A party that has not challenged any particular part of the original decree in first appeal
cannot be allowed to do so in second appeal.

S. 102:

You can't make a second appeal in:

a) Small claims cases where the original amount involved is up to twenty-five thousand rupees.

b) Other cases where the original amount involved is up to one hundred and fifty thousand rupees.

Object: the object is to take away the right of second appeal in all suits of a nature cognizable by a court
of small causes, tried by a civil court in the exercise of its ordinary civil jurisdiction, the value of the
subject matter of the suit does not exceed twenty-five thousand rupees.

Case:

A 1939 S 360: Second appeal is not competent against an order passed in execution proceedings arising
out of a suit of nature cognizable by a court of small causes.

S. 103:

In a second appeal, the High Court can decide any factual issues necessary to resolve the appeal if those
issues weren't decided by the lower appeal court or if they were decided wrongly due to mistakes or
errors mentioned in Section 100(1).

Object: to avoid the necessity of remanding a case where an issue of fact necessary for the disposal of
the case has not been determined or where such an issue has been wrongly determined.
S. 104:

You can appeal against the following orders:

- Orders under specific sections of the law mentioned.

- Orders imposing fines, or ordering arrest or detention (except for actions enforcing a court decree).

- Orders made under rules that allow for appeals.

Exception: You can't appeal against orders mentioned in clause (f) unless you argue that either no order
should have been made, or the order should have been for a lesser amount.

You also can't appeal against orders made in an appeal under this section.

Cases:

1980 SCMR 68: If an adjudication is neither a decree nor an order enumerated as appealable u. s 104 or
order 43, no appeal against such an adjudication is competent.

1986 CLC 1181: This section does not prohibit a revision or review.

2001 CLD 1683: If an adjudication fulfills the essential requirements of a decree is also specified as an
appealable order u. s. 104 or order 43, it will be deemed to be an order and not a decree.

S. 105:

1. Usually, you can't appeal against orders made by a court in its original or appeal jurisdiction. But if
you're appealing against a decree, you can mention any mistakes or problems with those orders in your
appeal.

2. However, if a party doesn't appeal against an order of remand, they can't later argue that it was
wrong.

S. 106

If you're allowed to appeal against an order, you can do so in the court where you would appeal against
the decree in the same lawsuit. If the order was made by a court acting as an appeal court (except for
the High Court), then you can appeal to the High Court.

If amount is 2 lacs or less then appeal filed in District court.

If amount is more than 2 lacs then in HC.

S. 107:

1. An Appellate Court has the authority to:

a) Decide issues in the case.

b) Send the case back to the lower court with instructions.

c) Frame new issues for consideration.

d) Allow for additional evidence to be presented or request it.

2. Apart from any specific conditions, the Appellate Court has similar powers and responsibilities as a
regular court when dealing with cases on appeal.

An appellant court has following powers also;

a. Can pass any order which the trial court could have passed,
b. Can pass all interlocutory orders as necessary,
c. Can add parties in suit.
d. Can rectify error of the lower court.
e. Remand the case for trial or record additional evidence.
f. Can record the evidence and decide the matter itself.
g. Can reject a memorandum of appeal.
h. Can reject the plaint.
i. Can return a memorandum of appeal.
j. Can appoint an arbitrator with the consent of the parties.

Cpc lect 1

Order 43, rule 1:

Why there is requirement of appeal and review and revision?

Appeal cannot be preferred by you as the counsel on the behalf of the litigant unless it has been
specifically provided in cpc or any other statue.
Appeal is a creation of only statute. When you disagree with court order you go and file an appeal that
is not permissible, liable to dismissal because you want to be case proceeded in accordance with
another statute. Courts has found solution to this when mistakes have been made in orders.
Constitutional courts such as HC has authority to change appeal into revision and vice versa.

Writs into revisions and revisions into writs also possible.

Hierarchy of filing appeal:

Order 43, rule 2:

Order 43 rule 3:

Order 43 rule 4:

Order 13:

When we file suit, at the time of filing suit, in the plaint, three mandatory provisions added, firstly, the
cause of action accrued in the favor of plaintiff against the defendant on this date time and date of
happing of event is must to write in plaint, secondly, suit property is located within territorial of this
court, jurisdiction of courts is determined before filing suit, but if files where no jurisdiction of court and
later on for execution of order party goes to where actual jurisdiction of court applies,

and thirdly, valuation of the suit for the purpose of court fee and jurisdiction is fixed there.

R-1:

1. When a lawsuit begins, both sides have to bring all their documents to the first court meeting that
they want to use as evidence. This includes any papers they have that support their case and haven't
already been shown to the court.

2. The court will accept these documents if they come with a list that accurately describes them. This list
has to be in a format decided by the higher court.

3. When the documents are shown in court, the judge might ask both sides to confirm if they're real or
not. Then, the judge will note down whether the parties admit they're real or deny them.

Object: to avoid/ prevent fraud committed by parties, or to obviate the possibility of parties presenting
forged or suspicious documents at later stages of the suit.

Case:

1991 SCMR 1935: u,order 7 r-14, the plaintiff, and u.o-8,r-1 as amended in the Punjab, the defendant, is
required to produce along with plaint and written statement.

2014 MLD 1141: Electronic generated evidences, such as cassettes, videos or CD’s are admissible a
evidence.

R-2: No documentary evidence in the possession or power of any party which should have been but has
not been produced in accordance with the requirements of rule 1 shall be received at any subsequent
stage of the proceedings unless good cause is shown to the satisfaction of the Court for the non-
production thereof; and the Court receiving any such evidence shall record the reasons for so doing.
Case:

1994 SCMR 1945: Private documents are ordinarily not allowed to be produced at a belated stage.

2005 SCMR 152: Appellate court may allow late admission of documents.

2016 SCMR 1: where genuineness of document is beyond doubt, it ought not to be shut out of evidence
if produced at a late stage.

R-3.The Court may at any stage of the suit reject any document which it considers irrelevant or
otherwise inadmissible, recording the ground of such rejection.

The court can reject in limine, at the time they are filed, documents which are irrelevant or inadmissible.

Subsequent documents submitted by both parties if found irrelevant or inadmissible can be rejected by
court.

Objections to admissibility should be raised during the trial.

Objection to mode of proof must be taken before a document is marked as an exhbit.

Where objection to mode of proof was not raided during the trial, it will not be allowed to be raised for
the first time in appeal.

A document marked as an exhibit without objection becomes admissible in evidence.

A document admitted without objection cannot afterwards be questioned as being under-stamped.

R-4:

1. Every document that's accepted as evidence in a lawsuit needs to have certain details written on it.
These include:

a) A number

b) The name of the document

c) The date it was made

d) A brief description of what it's about

These details have to be written or marked by the judge.

3. If the document is a part of a book, account, or record, and a copy of it is used instead of the
original, the same details need to be written on the copy. And again, the judge needs to sign or
mark these details.

The endorsement admitted here means that the document is admitted in evidence as proved.

Documents should not be endorsed until they are proved.

Attested copies of the judgment and decree of a previous suit filed with pleadings, can be read in
evidence without having been exhibited.
Photocopies of documents cannot be exhibited without the leave of the corut to lead secondary
evidence.

Once an under stamped document is admitted n evidence it cannot subsequently be questioned.

R-5:

1. If a document used as evidence in a lawsuit is a part of a letter-book, shop book, or any ongoing
account, the party who brings it to court can provide a copy of that document.

2. If the document is from a public record or belongs to someone not involved in the case, the court can
ask for a copy to be provided:

a) If the record, book, or account is brought by a party, that party must provide the copy.

b) If the record, book, or account is presented because the court asked for it, any party can provide the
copy.

3. Once a copy of the document is provided, the court will examine, compare, and certify it according to
the rules. Then, the court will mark the original document and return the book, account, or record to the
person who brought it.

R-6:

If a document that one of the parties uses as evidence is not accepted by the court, certain details must
be written on it:

a) A number

b) The name of the document

c) The date it was made

Along with a note saying it's been rejected, all signed or marked by the judge.

R-7:

1. Documents accepted as evidence, or copies used in place of originals according to rule 5, become part
of the official record of the lawsuit.

2. Documents not accepted as evidence won't be included in the record. Instead, they'll be given back to
the people who provided them.

R-9:

1. If anyone, whether they're part of the lawsuit or not, wants their document back from the court
records, they can get it back, unless it's been kept aside by rule 8. They can get it back:

a) If there's no chance of an appeal, after the lawsuit is finished.

b) If there could be an appeal, after the time for appeal has passed and no appeal has been made, or
after any appeal has been dealt with. They can get it back earlier if they provide a certified copy in place
of the original and promise to show the original if needed. But, if the document is now useless because
of the court's decision, it won't be returned.

3.When a document that was used as evidence is given back, the person getting it back will be given a
receipt.

R-10:

1. The court can decide on its own or upon request by any party involved in a case to get records from
its own files or from another court regarding any other case, and then review those records.

2. If someone asks for records from another case, they need to explain in a sworn statement why those
records are important for their case, and why they can't easily get a certified copy themselves.

3. However, the court can't use any document as evidence if it wouldn't be accepted under normal rules
of evidence.

Additionally, the rules about documents also apply, as much as possible, to other physical items that
might be used as evidence.

Order 27:

R-1:

In any lawsuit involving the government, the document initiating the case (the plaint) or responding to it
(the written statement) must be signed by someone chosen by the government for that purpose.
Additionally, the document must be verified by someone appointed by the government who knows the
details of the case.

R-2:

2. Persons being ex officio or otherwise authorized to act for [the [Government]] in respect of any
judicial proceeding shall be deemed to be the recognized agents by whom appearances, acts and
applications under this Code maybe made or done on behalf of [the[Government]].

3. In suits by or [against the [Government]] instead of inserting in the plaint the name and description
and place of residence of the plaintiff or defendant, it shall be sufficient to insert [the appropriate name
as provided in section 79, ***].

[4. The Government] pleader in any Court shall be the agent of the [Government] for the purpose of
receiving processes against the [Government] issued by such |Court.]

R-5:

When the court sets a deadline for the government to respond to a lawsuit, it will give enough time for
the necessary communication between the court and the government through the proper channels. This
includes giving instructions to the government's legal representative (pleader) to appear and respond on
behalf of the government. The court can also extend this deadline if needed, as it sees fit.

R-6:
If the government's legal representative (the Government pleader) appears in court without anyone
who can answer important questions about the case on behalf of the government, the court can instruct
that someone with relevant knowledge from the government should also attend the court proceedings.

R-7;

If a defendant in a case is a public officer and needs to consult the government before responding to the
lawsuit, they can ask the court for more time beyond the original deadline mentioned in the summons.
The court will grant an extension for as long as it deems necessary to allow the defendant to make the
reference to the government and receive instructions back through the appropriate channels.

R-8:

1. If the government decides to defend a lawsuit against a public officer, the Government pleader, upon
receiving authorization to represent the government, must formally apply to the court. The court will
then record this authorization in the civil suits register.

2. If the Government pleader fails to make this application before the deadline mentioned in the notice
for the defendant to appear and respond, the case will continue as if it were between private
individuals. However, the defendant cannot be arrested, and their property cannot be seized except in
execution of a court order.

Order 41 Appeals from the original decrees

R-1: form of appeal:

(1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader
and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be
accompanied by a copy of the decree appealed from and (unless the Appellate Court dispenses
therewith) of the judgment on which it is founded.

(2) The memorandum shall set forth concisely and under distinct heads the grounds of objection to the
decree appealed from without any argument or narrative; and such grounds shall be numbered
consecutively.

Form of appeal:

a. The mou of appeal may be signed by party in person, or

b. By the recognized agent, or
c. The pleader of such party.

Condition: such pleader must have authority on behalf of the party to sign mou of appeal, otherwise its
presentation will be invalid.

Filing of appeal considered valid when:

a. If pleaders power of attorney was not signed by such pleader, or

b. By the party, or
c. Was not filed in the court along with mou of appeal, or
d. Bcz the name of counsel was omitted, or
e. The appellants signature was not appended to the mou, or
 f. Bcz mou was deficiently stamped, or
g. Bcz judgment was impugned in mou instead of the decree

Presentation: mou presented to court or officer as it appoints in this behalf. It can also have accepted
out of court and after court hours, or may be deposited in the box provided for such purpose. Moreover,
delay in filing an appeal can be condoned u. s 5 of LA, 1908.

Copy of decree: Mou of appeal must be accompanied by copy of decree, if not then it is not validly
presented, and the court cannot dispense with the appeal. COD also filed in an intra-court appeal.

If cod not drawn up, an appeal is not competent.

Opinion of court on COD: if filed without cod, court have held that it should be dismissed, other view is
that the hearing be adjourned to enable the appellant to obtain copies of same. Moreover, supreme
court ruled that where decree has not yet been drawn up with appeal, then time may be allowed for the
filing of the decree sheet.

1988 SCMR 892: If decree not been prepared but appeal is heard and disposed of, after record had been
called for, court will be deemed to have cordoned non-filing of decree and judgment will not be invalid.

1993 CLC 1202: If decree supplied is defective, appellant cannot be penalized and must be provided time
to get it corrected.

Time duration:

Time required to obtain copy of judgment and decree is deductible under section 12 of LA, 1908.

Time for obtaining copies is deductible till date of delivery of the copies of the judgment and decree.

If decree is filed after the expiry of the period of limitation and deduction is not available u.s 5 and 12 of
LA, the appeal shall be dismissed.

Copy of judgment: Must be accompanied if not appeal invalid, only final judgment allowed not interim
judgment. If filed after limitation has expired, appeal will be time-barred. Copy means only certified
copies of judgment but where attested copy not available then unattested copy may be filed.

The court may dismiss appeal if court fee not affixed or deficiency not made good. The court has
inherent jurisdiction to order refund of excess court fee.

What grounds mou of appeal should contain?

a. Grounds of objection,
b. Presumption of correctness attached to judgment and decree of LC.
c. Grounds arise from pleadings or evidence.

What grounds not raised in appeal/

a. Mou not contain legal arguments.

b. Point not urged in LC, cannot be raised in mou.
c. A new case also not allowed in mou,
d. cannot raise a plea abandoned by him in LC,
 e. ground of objection not raised in mou cannot be allowed to be raised befoe AC except with
permission of court.

R-2. The appellant shall not except by leave of the Court, urge or be heard in support of any ground of
objection not set forth in the memorandum of appeal; but the Appellate Court in deciding the appeal,
shall not be confined to the grounds of objection set forth in the memorandum of appeal or taken by
leave of the Court under this rule:

Provided that the Court shall not rest its decision on any other ground unless the party who may be
affected thereby has had sufficient opportunity of contesting the case on that ground.

R-3: Rejection of amendment of memorandum.

(1) Where the memorandum of appeal is not drawn up in the manner hereinbefore prescribed, it may
be rejected, or be returned to the appellant for the purpose of being amended within a time to be fixed
by the Court or be amended then and there.

(2) Where the Court rejects any memorandum it shall record the reasons for such rejection.

(3) Where a memorandum of appeal is amended, the Judge, or such officer as he appoints in this behalf,
shall sign or initial the amendment.

Rejection: mou rejected if only not drawn up in the form prescribed i.e in accordance with rule 1 and 2
of order 41 and other rules in cpc like s.107(2). Rejection can take place at any stage, but reasons must
be recorded by the court. But this rule is not exhaustive.

Solution to rejection: mou rejected, a fresh mou can be filed if the same otherwise is in order.

Return: defects in pleadings or technical irregularities which can be rectified should not lead to
rejection, but mou may be returned for remedying the defects.

Cases in which mou of appeal can be returned?

1. Appeal returned if it exceeds pecuniary jurisdiction of court. Muo of appeal returned at any
stage for purposes of amendment, in such case, a fresh mou can be presented, time for
representing mou is fixed by court.
2. It also returned if mou contains misdescription of parties, or
3. if not signed by party, or
4. contains irrelevant and scandalous allegations.

R-4: 4.

Where there are more plaintiffs or more defendants than one in a suit, and the decree appealed from
proceeds on any ground common to all the plaintiffs or to all the defendants any one of the plaintiffs or
of the defendants may appeal from the whole decree, and thereupon the Appellate Court may reverse
or vary the decree in favour of all the plaintiffs or defendants, as the case may be.

If grounds of case of all plaintiffs and defendants are common, then decision of court apply on all.

STAY OF PRECEEDINGS AND OF EXECUTION

R-5:

1. When someone appeals a court decision, it doesn't automatically pause the proceedings or stop the
decision from being carried out. But the higher court can decide to pause things if they think it's
necessary.

2. If someone wants to pause the decision before the time limit for appealing is up, the original court
can decide to pause it if there's a good reason.

3. The original court can only pause the decision if they're convinced of three things:

a) The person appealing might suffer a big loss if the decision isn't paused.

b) The appeal was made without waiting too long.

c) The person appealing has promised to follow whatever decision is ultimately made.

4. Even if the other side isn't there, the court can still decide to pause the decision until they can hear
both sides.

Inapplicability: where the decree has already been executed. This rule not applicable.

Applicability: apply only where decree is capable of execution

Object: to ensure that respondents not be deprived of benefit of a favorable order, to save time, and
avoid unnecessary expenditure.

Appeal: Acc to some courts, it is appealable, other courts say not appealable bcz not determine rights
and liabilities of parties.

Solution: court can review an order.

R-6:

(1) Where an order is made for the execution of a decree from which an appeal is pending, the Court
which passed the decree shall, on sufficient cause being shown by the appellant, require security to be
taken for the restitution of any property which may be or has been taken in execution of the decree or
for the payment of the value of such property and for the due performance of the decree or order of the
Appellate Court, or the Appellate Court may for like cause direct the Court which passed the decree to
take such security.

(2) Where an order has been made for the sale of immovable property in execution of a decree, and an
appeal is pending from such decree, the sale shall on the application of the judgment debtor to the
Court which made the order, be stayed on such terms as to giving security or otherwise as the Court
thinks fit until the appeal is dispose of.

Security for restitution may be ordered even if the property has passed into hand of decree holder.
Order passed by court which passed decree or by AC which direct trial court to take such security.

R-8.
The powers conferred by Rules 5 and 6 shall be exercise-able where an appeal may be or has been
preferred not from the decree but from an order made in execution of such decree:

[Provided that, where such appeal has been preferred by judgment-debtor he shall be required, unless
the Court is of opinion that prima facie the appeal is one which must succeed owing to an error
apparent on the face of the record.

security a) in the case of a decree for the payment of money, to deposit the decretal amount or to
furnish for its payment; and b) in the case of any other decree, to furnish security for the due
performance of the decree.

Judgment debtor can also be asked to partly deposit cash ad partly furnish security.

Applicability: proviso only apply if appeal is by a judgment debtor.

PROCEDURE ON ADMISSION OF APPEAL

R- 9. –

Where a memorandum of appeal is admitted, the Appellate Court or the proper officer of that Court
shall endorse thereon the date of presentation, and shall register the appeal in a book o be kept for the
purpose.

(2) Such book shall be called the Register of Appeals.

Appeal can be rejected even after its registration and registration is ministerial act.

A time-barred appeal may be treated as cross objection.

R-10.- (1) The Appellate court may, in its discretion, either before the respondent is called upon to
appear and answer or afterwards on the application of the respondent, demand from the appellant
security for the costs of the appeal, or of the original suit, or of both:

Provided that the Court shall demand such security in all cases in which the appellant is residing out of
[Pakistan] and is not possessed of any sufficient immovable property within [Pakistan] other than the
property (if any) to which the appeal relates.

(2) Where such security is not furnished within such time as the Court orders the Court shall reject the
appeal.

Note: respondent is successful party, appellant can be ordered to give security for the costs of
respondent, only security for costs paid not whole of the decretal amount by appellant.

Inapplicability: provisions of this rule is inapplicable to pauper appeal.

R-11. –

(1) The Appellate Court, after sending for the record if it thinks fit so to do, and 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 without sending notice to the Court from whose decree the appeal is preferred and without
serving notice on the respondent or his pleader.
(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.

R-12. –

(1) Unless the Appellate Court dismisses the appeal under rule 11, it shall fix a day for hearing the
appeal. (2) Such day shall be fixed with reference to the current business of the Court, the place of
residence of the respondent and the time necessary for the service of the notice of appeal so as to allow
the respondent sufficient time to appear and answer the appeal on such day.

R-13. –

(1) Where the appeal is not dismissed under rule 11, the Appellate Court shall send notice of the appeal
to the Court from whose decree the appeal is preferred.

(2) Where the appeal is from the decree of a Court, the records of which are not deposited in the
Appellate Court, the Court receiving such notice shall send with all practicable dispatch all material
papers in the suit or such papers as may be specially called for by the Appellate Court.

(3) Either party may apply in writing to the Court from whose decree the appeal is preferred specifying
any of the papers in such Court of which he requires copies to be made; and copies of such papers shall
be made at the expense of and given to the applicant.

Note: all documents related to the case are to be submitted in Ac.

14. –

(1) Notice of the day fixed under rule 12 shall be affixed in the Appellate Court house and a like notice
shall be sent by the Appellate Court to the Court from whose decree the appeal is preferred and shall be
served on the respondent or on his pleader in the Appellate court in the manner provided for the service
on a defendant of a summons to appear and answer; and all the provisions applicable to such summons
and to proceedings with reference to the service thereof shall apply to the service of such notice.

(2) Instead of sending the notice to the Court from whose decree the appeal is preferred, the Appellate
court may itself cause the notice to be served on the respondent or his pleader under the provisions
above referred to.

This rule applies after admitting of appeal by the appellant.

R-15. The notice to the respondent shall declare that if he does not appear in the Appellate Court on the
day so fixed the appeal will be heard ex parte.

Give verdict in favor of plaintiff.

PROCEDURE ON HEARING

R-16.-
1.On the day fixed or on any other day to which the hearing may be adjourned, the appellant shall be
heard in support of the appeal.

(2) The Court shall then if it does not dismiss the appeal at once, hear the respondent against the appeal
and in such case the appellant shall be entitled to reply.

Burden of showing that the judgment and decree appealed against are wrong is upon the appellant.

Oral arguments recorded in each other’s presence.

Respondent can appear on adjourned date of hearing and be heard in support of judgment even if he
didn’t appear at an earlier hearing.

R- 17.

(1) Where on the day fixed, or on 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.

(2) Where the appellant appears and the respondent does not appear, the appeal shall be heard ex
parte means decision given in favor of appellant.

When appeal dismissed:

a. if respondent is present but appellant didn’t appear when appeal is called on for hearing.
b. If appellant absent on date of hearing, court dismiss appeal in default or adjourn hearing of
same but cannot decide appeal on merits.
c. Appellant present on date of hearing but does not argue his case, the court may dismiss appeal
u. rule 30 of this order.

When appeal not dismissed?

If counsel is present but states that he has no instructions, the appeal cannot be dismissed in default.

If both parties to the appeal are absent, the appeal may be disposed of in accordance with order 9 rule
3, read with section 107.

Solution: where appeal disposed of on merits a second appeal will lie. But if appeal is dismissed then
application for its restoration may be made under rule 19.

R-18.

Where on the day fixed or on any other day to which the hearing may be adjourned it is found that the
notice to the respondent has not been served in consequence of the failure of the appellant to deposit
within the period fixed the sum required to defray the cost of serving the notice the Court may make an
order that the appeal be dismissed Provided that no such order shall be made although the notice has
not been served upon the respondent, if on any such day the respondent appears when the appeal is
called on for hearing.

R-19.
 (1) Where an appeal is dismissed under rule 11, sub-rule (2) of rule 17 or rule 18 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. [(2) The provisions of section 5 of the Limitation
Act 1908 (IX of 1908) shall apply to an application for re-admission of an appeal dismissed under
sub-rule (2) of rule 11 or sub rule (1) of rule 17.]

When appeal can be restored.

Reasons for non-appearance;

a. If pleader busy in another court,

b. If appeal called earlier than expected,
c. If appeal transferred another court without notice,
d. Where absence is unintentional.
e. Where party was not notified of date of hearing,
f. Where appellants counsel died,
g. Where wrong date of hearing noted in diary,

When appeal not restored?

If party and its counsel were not careful and diligent and the absence is willful.

Limitation: application made within 30 days of order dismissal or from the dae of knowledge where
notice was not duly saved.

R-20.

Where it appears to the Court at the hearing that any person who was a party to the suit in the Court
from whose decree the appeal is preferred, but who has not been made a party to the appeal is
interested in the result of the appeal the Court may adjourn the hearing to a future day to be fixed by
the Court and direct that such person be made a respondent.

The power to add parties can only be exercised at the hearing under section 151 or under section 107.

R-21. –

(1) Where an appeal is heard ex parte and judgment is pronounced against the respondent, he may
apply to the Appellate court to re-hear the appeal; and if he satisfies the Court that the notice was not
duly served or that he was prevented by sufficient cause from appearing when the appeal was called on
for hearing, the Court shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit to
impose upon him.

[(2) The provisions of section 5 of the Limitation Act, 1908 (IX of 1908) shall apply to applications under
sub-rule (1).]

Respondent file an application to re-appear in appealable case if had missed to before in hearing but
there must be sufficient cause of not appearing in court.
Other solution is that the respondent can also prefer a second appeal.

R-22. –

(1) Any respondent though he may not have appealed from any part of the decree, may not only
support the decree on any of the grounds decided against him in the Court below but take any cross-
objection to the decree which he could have taken by way of appeal provided he has filed such objection
in the Appellate Court within one month from the date of service on him or his pleader of notice of the
day fixed for hearing the appeal, or within such further time as the Appellate Court may see fit to allow.

(2) Such cross-objection shall be in the form of a memorandum and the provisions of rule 1, so far as
they relate to the form and contents of the memorandum of appeal shall apply thereto.

(3) Unless the respondent files with the objection a written acknowledgment from the party who may be
affected by such objection or his pleader of having received a copy thereof, the Appellate Court shall
cause a copy to be served, as soon as may be after the filing of the objection, on such party or his
pleader at the expense of the respondent.

(4) Where in any case in which any respondent has under this rule filed a memorandum of objection ,
the original appeal is withdrawn or is dismissed for default, the objection so filed may nevertheless be
heard and determined after such notice to the other parties as the Court thinks fit.

(5) The provisions relating to pauper appeals shall, so far as they can be made applicable apply to an
objection under this rule.

Time period is one month.

R-23:

If a court makes a decision on just a part of a case, and that decision gets changed on appeal, the higher
court can send the case back to the lower court for another look. The higher court can even say what
specific things the lower court needs to focus on this time. Then, the lower court has to start over with
the case, using the same evidence from before unless there's a good reason not to.

If LC disposed of case on preliminary point, AC remand case under this rule, but if LC disposed of case on
merits, remand can be ordered by AC under rules 23A, 24, and 25.

Condition: decree should have disposed of whole of suit and not merely a portion of it.

Inapplicability: if AC omitted one or more issues or AC requires certain additional issues to be tried.

Appeal: party not appealing against an order of remand, will not be allowed to challenge it later.

R-24:

If the higher court has enough evidence to make a decision and the lower court's decision was based on
a different reason, the higher court can still make a final decision based on the evidence, even if it's not
the same reason as the lower court.

Applicability: where the evidence on record is sufficient this rule applies.

R-25:
If the lower court didn't address an important issue or question, the higher court can step in. It can
create new issues to be looked at by the lower court and tell the lower court to gather any extra
evidence needed. Then, the lower court reviews these new issues, makes findings, and sends everything
back to the higher court for a final decision.

AC frame issues when LC framed issues either wrongly, or not framed though.

Applicability: applies where evidence on record is not sufficient.

Appeal: order of remand under rule 25 is not appealable, but may be challenged under section 105 or
115.

R-26:

1. The evidence and findings from the lower court become part of the case record. Both sides have a
chance to raise objections to these findings within a set timeframe given by the higher court.

2. Once this timeframe ends, the higher court moves forward to make a decision on the appeal based on
all the information available.

R-27:

1. Normally, parties in an appeal can't introduce new evidence in the higher court, except under specific
circumstances:

a) If the lower court wrongly rejected evidence that should've been accepted.

b) If the higher court needs additional evidence or testimony to make a decision.

c) For any other important reason decided by the higher court.

2. If the higher court does allow new evidence, it must document the reason for allowing it.

General Rule: AC cannot record additional evidence in appeal cases.

Exception: record or accept additional evidence if LC refuses to record that specific evidence only.

Appeal: can be challenged u.s 105 only if an order allowing or refusing to allow additional evidence.

R-28:

Wherever additional evidence is allowed to be produced the Appellate Court may either take such
evidence or direct the Court from whose decree the appeal is preferred, or any other subordinate Court,
to take such evidence and to send it when taken to the Appellate Court.

Modes: by AC itself, may direct court from whose decree the appeal is preferred, or any subordinate
court to take such evidence.

R-29:

Where additional evidence is directed or allowed to be taken the Appellate Court shall specify the points
to which the evidence is to be confined and record on its proceedings the points so specified.
R-30:

The Appellate Court after hearing the parties or their pleaders and referring to any part of the
proceedings whether on appeal or in the Court from whose decree the appeal is preferred to which
reference maybe considered necessary, shall pronounce judgment in open Court, either at once or on
some future day of which notice shall be given to the parties or their pleaders.

R-31:

The judgment of the Appellate Court shall be in writing and shall state - a. b. c. the the points the
reasons for decision for the determination; decision; thereon; and d. where the decree appealed from is
reversed or varied, the relief to which the appellant is entitled; and shall at the time that it is
pronounced be signed and dated by the Judge or by the Judges concurring therein. 32. The judgment
may be for confirming, varying or reversing the decree from which the appeal is preferred, or, if the
parties to the appeal agree as to the form which the decree in appeal shall take, or as to the order to be
made in appeal the Appellate Court may pass a decree or make an order accordingly.

R-33

The higher court, called the Appellate Court, has the authority to:

- Issue any decree or order that should have been issued originally.

- Issue any additional decree or order necessary for the case.

- This power applies even if the appeal only concerns part of the original decision.

- This power can benefit any of the parties involved, even if they didn't file an appeal.

- However, there's a condition: The higher court can't issue an order if the lower court was supposed to
issue it but didn't, unless it's specifically allowed under section 35-A.

Illustration:

If someone, let's call them A, sues two people, X and Y, for money and wins a case against X but X
appeals, and A and Y are also involved in the appeal. If the higher court rules in favor of X, it still has the
power to issue a decree against Y.

Appeal: revision lie where AC failed to consider whether discretionary powers u. rule 33 should be
exercised.

R-34

. Where the appeal is heard by more Judges that one, any Judge dissenting from the judgment of the
Court shall state in writing the decision or order which he thinks should be passed on the appeal and he
may state his reasons for the same.

R-35:

1. The decree (the official decision) of the higher court (Appellate Court) is dated when the judgment is
announced.
2. It includes:

- The appeal number.

- Names and descriptions of the appellant (the one who filed the appeal) and respondent (the other
party).

- A clear explanation of what relief or decision is granted.

3. It also mentions:

- The amount of costs incurred during the appeal.

- Who is responsible for paying these costs and how they are to be paid.

4. The decree is signed and dated by the judge or judges who issued it. If there's a disagreement among
the judges, it's not necessary for the dissenting judge to sign the decree.

R-36.

Certified copies of the judgment and decree in appeal shall be furnished to the parties on application to
the Appellate Court and at their expense.

R-37.

A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints
in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with
the original proceedings in the suit and an entry of the judgment of the Appellate Court shall be made in
the register of civil suits.