In the First Schedule, in Order XLI,-



(i)rule 1,-



(a)to sub-rule (1), the following proviso shall be added, namely:-



"Provided that where two or more suits have been tried together and a common judgment has been delivered therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate Court may dispense with the filing of more than one copy of the judgment.";



(b)after sub-rule (2), the following sub-rule shall be inserted, namely:-



"(3) Where the appeal is against a decree for payment of money, the appellant shall, within such time as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Court may think fit.".



(ii)after rule 3, the following rule shall be inserted, namely:-



"3A.Application for condonation of delay.- (1) When an appeal is presented after the expiry of the period of limitation specified therefor, it shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient cause for not preferring the appeal within such period.



(2)If the Court sees no reason to reject the application without the issue of a notice to the respondent, notice thereof shall be issued to the respondent and the matter shall be finally decided by the Court before it proceeds to deal with the appeal under rule 11 or rule 13, as the case may be.



(3)Where an application has been made under sub-rule (1), the Court shall not make an order for the stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does not, after hearing under rule 11, decide to hear the appeal.";



(iii)in rule 5,-



(a)in sub-rule (1), the following Explanation shall be inserted at the end, namely:-



"Explanation.- An order by the Appellate Court for the stay of execution of the decree shall be effective from the date of the communication of such order to the Court of first instance, but an affidavit sworn by the appellant, based on his personal knowledge, stating that an order for the stay of execution of the decree has been made by the Appellate Court shall, pending the receipt from the Appellate Court of the order for the stay of execution or any order to the contrary, be acted upon by the Court of first instance.";



(b)in sub-rule (4), for the words "Notwithstanding anything contained in sub-rule (3),", the words "Subject to the provision of sub-rule (3)," shall be substituted;



(iv)after sub-rule (4), the following sub-rule shall be inserted, namely:-



"(5) Notwithstanding anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an order staying the execution of the decree.";



(vi)in rule 11, after sub-rule (3), the following sub-rule shall be inserted, namely:-



"(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.";



(va) after rule 11, the following rule shall be inserted, namely:-



"11A.Time within which hearing under rule 11 should be concluded.- Every appeal shall be heard under rule 11 as expeditiously as possible and endeavour shall be made to conclude such hearing within sixty days from the date on which the memorandum of appeal is filed.";



(vii)in rule 14, after sub-rule (2), the following sub-rules shall be inserted, namely:-



"(3) The notice to be served on the respondent shall be accompanied by a copy of the memorandum of appeal.



(4)Notwithstanding anything to the contrary contained in sub-rule (1), it shall not be necessary to serve notice of any proceeding incidental to an appeal on any respondent other than a person impleaded for the first time in the Appellate Court, unless he has appeared and filed an address for the service in the Court of first instance or has appeared in the appeal.



(5)Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.";



(vii)in rule 17, in sub-rule (1), the following Explanation shall be inserted at the end, namely:-



"Explanation.- Nothing in this sub-rule shall be construed as empowering the Court to dismiss the appeal on the merits.";



(viii)in rule 18, after the words "defray the cost of serving the notice", the words "or, if the notice is returned unserved, and it is found that the notice to the respondent has not been issued in consequence of the failure of the appellant to deposit, within any subsequent period fixed, the sum required to defray the cost of any further attempt to serve the notice," shall be inserted;



(ix)rule 20 shall be re-numbered as sub-rule (1) of that rule, and after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted, namely:-



"(2) No respondent shall be added under this rule, after the expiry of the period of limitation for appeal, unless the Court, for reasons to be recorded, allows that to be done, on such terms as to costs as it thinks fit.";



(x)in rule 22,-



(a)in sub-rule (1), for the words "on any of the grounds decided against him in the Court below, but take any cross-objection", the words "but may also state that the finding against him in the Court below in respect of any issue ought to have been in his favour; and may also take any cross-objection" shall be substituted;



(b)in sub-rule (1), the following Explanation shall be inserted at the end, namely:-



"Explanation.- A respondent aggrieved by a finding of the Court in the judgment on which the decree appealed against is based may, under this rule, file cross-objection in respect of the decree in so far as it is based on that finding, notwithstanding that by reason of the decision of the Court on any other finding which is sufficient for the decision of the suit the decree, is, wholly or in part, in favour of that respondent.";



(xi)after rule 23, the following rule shall be inserted, namely:-



"23A.Remand in other cases.- Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a re-trial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23.";



(xii)in rule 25, after the words "and the reasons therefor", the words "within such time as may be fixed by the Appellate Court or extended by it from time to time" shall be inserted;



(xiii)after rule 26, the following rule shall be inserted, namely:-



"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 whose decree the appeal was preferred for the purpose of receiving the directions of that Court as to further proceedings in the suit.";



(xiv)in rule 27, in sub-rule (1), after clause (a), the following clause shall be inserted, namely:-



"(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or";



(xv)in rule 30 shall be re-numbered as sub-rule (1) of that rule, and after sub-rule (1) as so re-numbered, the following sub-rule shall be inserted, namely:-



"(2) Where a written judgment is to be pronounced, it shall be sufficient if the points for determination, the decision thereon and the final order passed in the appeal are read out and it shall not be necessary for the Court to read out the whole judgment, but a copy of the whole judgment shall be made available for the perusal of the parties or their pleaders immediately after the judgment is pronounced.";



(xvi)in rule 33, after the words "may not have filed any appeal or objection", the words "and may, where there have been decrees in cross-suits or where two or more decrees are passed in one suit, be exercised in respect of all or any of the decrees, although an appeal may not have been filed against such decrees" shall be inserted.