CPC (Page 45)

25. Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from. Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essentialKEEP READING

26. Finding and evidence to be put on record. Objections to finding. (1) Such evidence and findings shall form part of the record in the suit; and either party may within a time to be fixed by the Appellate Court, present a memorandum of objections to any finding. (2) DeterminationKEEP READING

26A. Order of remand to mention date of next hearing. Where the Appellate Court remands a case under rule 23 or rule 23A, or frames issues and refers them for trial under rule 25, it shall fix a date for the appearance of the parties before the Court from whoseKEEP READING

28. Mode of taking additional evidence. 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 theKEEP READING

29. Points to be defined and recorded. 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. Read CPC in a better and systematic way. DownloadKEEP READING

30. Judgment when and where pronounced. (1) 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 may be considered necessary, shall pronounce judgment openKEEP READING

31. Contents, date and signature of judgment. The judgment of the Appellate Court shall be in writing and shall state- (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is reversed or varied, the relief to whichKEEP READING

32. What judgment may direct. 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 inKEEP READING

33. Power of Court of Appeal. The Appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order as the case may require, and this power may beKEEP READING

34. Dissent to be recorded. 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.KEEP READING

35. Date and contents of decree. (1) The decree of the Appellate Court shall bear date the day of which the judgment was pronounced.  (2) The decree shall contain the number of the appeal, the names and descriptions of the appellant and respondent, and a clear specification of the reliefKEEP READING

36. Copies of judgment and decree to be furnished to parties. Certified copies of the judgement and decree in appeal shall be furnished to the parties on application to the Appellate Court and at their expense. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING

37. Certified copy of decree to be sent to Court whose decree appealed from. 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 andKEEP READING

ORDER XLII – APPEALS FROM APPELLATE DECREES 1. Procedure. The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING

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 sectionKEEP READING

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 wasKEEP READING