Rule 1.
Form of appeal; What to accompany memorandum
Provided that where for any reason, it appears to the Court that the certified copy of the decree cannot be tendered with the memorandum of appeal, the Court may treat the copy of the judgment as sufficient for the purposes of rule 1.
Rule 5.
Stay by Appellate Court
(1)An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may for sufficient cause order stay of execution of such decree.
(3)No order for stay of execution shall be made unless the Court is satisfied:
(a)that substantial loss may result to the party applying for stay of execution unless the order is made;
(b)that the application has been made without unreasonable delay; and
(c)that security has been given by the applicant for the due performance of such decree or order as may ultimately be binding upon him.
(5)Where appellant fails to deposit decretal amount, stay shall not be granted.
Rule 11.
Power to dismiss appeal without sending notice to Lower Court
(1)The Appellate Court after fixing a day for hearing the appellant or his pleader and hearing him accordingly on that day, may dismiss the appeal.
(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.
Rule 22.
Upon hearing respondent may object to decree as if he had preferred separate appeal (Cross-Objection)
(1)Any respondent, though he may not have appealed from any part of the decree, may not only support the decree 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 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.
Rule 27.
Production of additional evidence in Appellate Court
(1)The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if:
(a)the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or (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
(b)the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined.
Legal Commentary & Landmark Judgments: Order XLI
Order XLI of the Code of Civil Procedure, 1908 establishes the comprehensive procedural code governing appeals from original decrees, regulating stay of execution under Rule 5, remand under Rule 23, and additional evidence under Rule 27.
Under *Atma Ram Properties*, appellate courts routinely condition stay orders upon deposit of the decretal amount or market mesne profits.
Filing an appeal under Order XLI does not automatically pause the trial court's decree. The appellant must move an urgent application under Rule 5 supported by an affidavit demonstrating 'substantial loss' and offering solvent security. Under *Atma Ram Properties*, appellate courts routinely condition stay orders upon deposit of the decretal amount or market mesne profits.