Every appeal is preferred in the form of a memorandum signed by the appellant or his pleader and presented to the court. The memorandum should be accompanied by a copy of the decree appealed from and of the judgment on which it is founded. The memorandum sets forth the grounds of objection to the decree appealed from. [O. 41, R. 1].
The memorandum of appeal, when not properly drawn up. may be rejected or returned to the appellant for the purpose of being amended within a specified time. (O. 41, R. 3).
Where a memorandum of appeal is admitted, the appellate court or the proper officer of that court endorses thereon the date of presentation and registers the appeal in a book to be kept for the purpose, which is called the register of appeals.
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ADVERTISEMENTS:
The appellate court may. In its discretion, either before the respondent is called to appear and answer or afterwards on the application of the respondent, demand from the appellant security for the costs of the appeal, of the original suit or of both.
The appellate court shall demand such security in all cases in which the appellant is residing out of India and is not possessed of sufficient immovable property within India. Where no such security is furnished the court shall reject the appeal. [O. 41, R. 6].
The appellate court, after fixing a day for hearing the appellant or his pleader and after hearing him accordingly, may summarily dismiss the appeal under Order 41, rule 11, C.P.C., without sending notice to the court from whose decree the appeal is preferred and without serving notice on the respondent or his pleader.
ADVERTISEMENTS:
Where the appeal is not dismissed the appellate court sends notice of the appeal to the court from whose decree the appeal is preferred, and notice of the date fixed for hearing is served on the respondent or his pleader.