55. Appeals to High Court from Subordinate Courts and Statutory Bodies.
order 55.
Appeals to High Court from Subordinate Courts and Statutory Bodies
1. Entry of Appeal. (O. 55 r. 1)
On receiving an appeal record under Order 49 of the Subordinate Courts Rules, 1980, the Registrar shall enter the appeal in a list of appeals from Subordinate Courts.
2. Memorandum of Appeal. (O. 55 r. 2) [Sub. P.U. (A) 462/90]
(1) The appellant shall, within fourteen days from the date of service on him of the notice in Form 141 under Order 49, rule 2 sub-rule (4) or rule 3 sub-rule (2) of the Subordinate Courts Rules 1980 (as the case may be), file in the High Court in duplicate a memorandum of appeal in Form 113A.
(2) The appellant shall within the like period serve each respondent with a copy of such memorandum and a copy of the appeal record.
3. Notice of Cross-appeal. (O. 55 r. 3)
A respondent to an appeal may, within seven days from the date of service on him of the memorandum of appeal, file in the High Court and serve upon the appellant a notice in Form 113B that he intends to contend on the hearing of the appeal that the decision of the Court below should be varied.
4. Amendments. (O. 55 r. 4)
(1) The High Court may at any time allow amendment of the memorandum of appeal or notice of cross-appeal or other part of the record of appeal on such terms as it thinks fit.
(2) If the memorandum of appeal is not drawn up in the prescribed manner, the appeal may be dismissed.
(3) If the memorandum of appeal is not filed or is not served within the prescribed time and no sufficient ground is shown for the delay the appeal may be dismissed.
5. Appellant not appearing. (O. 55 r. 5)
(1) If, on any day fixed for the hearing of an appeal, the appellant does not appear in person or by an advocate, the appeal may be dismissed but any cross-appeal may be hear.
Respondent not appearing.
(2) If the appellant appears, and any respondent fails to appear either in person or by an advocate, the appeal shall proceed in the absence of such respondent, unless the High Court for any sufficient reason sees fit to adjourn the hearing thereof.
(3) Where any appeal is dismissed or allowed under the provisions of sub-rule (1) or (2) of this rule the party who was absent may apply to the High Court for the re-hearing of the appeal and where it is proved that there was sufficient reason for the absence of such party the High Court may order that the appeal be restored for hearing upon such terms as to costs or otherwise as it thinks fit.
(4) The provisions of sub-rule (3) of this rule shall apply mutatis mutandis to the hearing of any cross-appeal.
5A. Restriction on fresh evidence. (O. 55, r. 5A) .
At the hearing of the appeal fresh evidence shall not be admitted unless the Judge is satisfied that-
(a) at the hearing before the subordinate court the new evidence was not available to the party seeking to use it, or that reasonable diligence would not have made it so available; and
(b) the fresh evidence; if true, would have had or would have been likely to have had a determining influence upon the decision of the subordinate court.
[Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
6. Withdrawal of appeal. (O. 55 r. 6)
(1) An appellant may at any time before his appeal is called on for hearing serve on the parties to the appeal a notice to the effect that he does not intend further to prosecute the said appeal.
(2) A copy of such notice shall at the same time be filed by the appellant in the Registry of the High Court.
(3) If all parties to the appeal consent to the intended withdrawal of the appeal, the appellant may file in the Registry the document or documents signifying such consent and signed by the parties or by their solicitors, and the appeal shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Registrar. In such event any sum lodged in Court as security for costs of the appeal shall be paid out to the appellant.
(4) If all the parties do not consent to the intended withdrawal of the appeal, the appeal shall remain on the list, and shall come on for hearing of any issue as to costs or otherwise remaining outstanding between the parties, and for the making of an order as to the disposal of any sum lodged in Court as security for the costs of the appeal.
7. Notice of appeal by respondent where notice of appeal, withdrawn of appeal not entered. (O. 55 r. 7)
Where an appeal is withdrawn under the preceding rule, or where an appeal of which notice has been given is not entered within the time limited, any respondent who has not given notice of cross-appeal may give notice of appeal and proceed therewith in the manner prescribed by the foregoing rules; but in any such case the time limited for giving notice of appeal, entering the appeal furnishing security for costs, and filing and serving the record of appeal and the memorandum of appeal may, on application to the High Court or, if the appeal has not been entered, to the Court appealed from, be extended so far as is reasonably necessary in all the circumstances of the case.
8. High Court may direct service of notice on person not served. (O. 55 r. 8)
When an appeal is called on for hearing or at any previous time on the application of any person interested, the High Court may direct that the record of appeal, or any notice of cross-appeal, be served on any party to the cause or matter who has not been served therewith, or on any person not already a party to the cause or matter, and may, for the purpose of such service, adjourn the hearing upon such terms as are just, and may give such judgment and make such order as might have been given or made if the parties served with such record or notice had been originally parties.
9. Interest. (O. 55 r. 9)
On any appeal, interest, for such time as execution has been delayed by the appeal, shall be allowed, unless the High Court otherwise orders.
10. Pronouncement of judgment. (O. 55 r. 10)
The judgment of the High Court shall be pronounced in open Court, either on the hearing of the appeal or at any subsequent time of which notice shall be give to the parties to the appeal.
11. Decision on appeal to be sent to Court below. (O. 55 r. 11)
A certified copy of the judgment of the High Court on the appeal shall be sent to the Court from whose decision the appeal was brought.
12. Stay of execution. (O. 55 r. 12)
An appeal shall not operate as a stay of execution under the decision appealed against except in so far as the Court appealed from or the High Court may order, and any application for stay shall be made in the first instance to the Court appealed from.
13. Appeal from person or body of persons. (O. 55 r. 13)
(1) Where under any written law an appeal lies from any decision of any person or body of person to the High Court such appeal shall be made to the High Court in the State where the decision was given by motion setting out the grounds of appeal, supported by affidavit and, if the Court so directs at the hearing, by oral evidence.
(2) Unless otherwise provided by any written law, such appeal shall be made within one month from the date on which the decision was given or the date on which such decision was notified to the person appealing, whichever is the later date.
(3) Unless otherwise provided by any written law, notice of the motion shall be served on the respondent in such appeal or where the respondent is a body of person, on the secretary, registrar or such other officer of that body of persons.
14. (Deleted) [P.U. (A) 12/81]
order 55.
Appeals to High Court from Subordinate Courts and Statutory Bodies
1. Entry of Appeal. (O. 55 r. 1)
On receiving an appeal record under Order 49 of the Subordinate Courts Rules, 1980, the Registrar shall enter the appeal in a list of appeals from Subordinate Courts.
2. Memorandum of Appeal. (O. 55 r. 2) [Sub. P.U. (A) 462/90]
(1) The appellant shall, within fourteen days from the date of service on him of the notice in Form 141 under Order 49, rule 2 sub-rule (4) or rule 3 sub-rule (2) of the Subordinate Courts Rules 1980 (as the case may be), file in the High Court in duplicate a memorandum of appeal in Form 113A.
(2) The appellant shall within the like period serve each respondent with a copy of such memorandum and a copy of the appeal record.
3. Notice of Cross-appeal. (O. 55 r. 3)
A respondent to an appeal may, within seven days from the date of service on him of the memorandum of appeal, file in the High Court and serve upon the appellant a notice in Form 113B that he intends to contend on the hearing of the appeal that the decision of the Court below should be varied.
4. Amendments. (O. 55 r. 4)
(1) The High Court may at any time allow amendment of the memorandum of appeal or notice of cross-appeal or other part of the record of appeal on such terms as it thinks fit.
(2) If the memorandum of appeal is not drawn up in the prescribed manner, the appeal may be dismissed.
(3) If the memorandum of appeal is not filed or is not served within the prescribed time and no sufficient ground is shown for the delay the appeal may be dismissed.
5. Appellant not appearing. (O. 55 r. 5)
(1) If, on any day fixed for the hearing of an appeal, the appellant does not appear in person or by an advocate, the appeal may be dismissed but any cross-appeal may be hear.
Respondent not appearing.
(2) If the appellant appears, and any respondent fails to appear either in person or by an advocate, the appeal shall proceed in the absence of such respondent, unless the High Court for any sufficient reason sees fit to adjourn the hearing thereof.
(3) Where any appeal is dismissed or allowed under the provisions of sub-rule (1) or (2) of this rule the party who was absent may apply to the High Court for the re-hearing of the appeal and where it is proved that there was sufficient reason for the absence of such party the High Court may order that the appeal be restored for hearing upon such terms as to costs or otherwise as it thinks fit.
(4) The provisions of sub-rule (3) of this rule shall apply mutatis mutandis to the hearing of any cross-appeal.
5A. Restriction on fresh evidence. (O. 55, r. 5A) .
At the hearing of the appeal fresh evidence shall not be admitted unless the Judge is satisfied that-
(a) at the hearing before the subordinate court the new evidence was not available to the party seeking to use it, or that reasonable diligence would not have made it so available; and
(b) the fresh evidence; if true, would have had or would have been likely to have had a determining influence upon the decision of the subordinate court.
[Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
6. Withdrawal of appeal. (O. 55 r. 6)
(1) An appellant may at any time before his appeal is called on for hearing serve on the parties to the appeal a notice to the effect that he does not intend further to prosecute the said appeal.
(2) A copy of such notice shall at the same time be filed by the appellant in the Registry of the High Court.
(3) If all parties to the appeal consent to the intended withdrawal of the appeal, the appellant may file in the Registry the document or documents signifying such consent and signed by the parties or by their solicitors, and the appeal shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Registrar. In such event any sum lodged in Court as security for costs of the appeal shall be paid out to the appellant.
(4) If all the parties do not consent to the intended withdrawal of the appeal, the appeal shall remain on the list, and shall come on for hearing of any issue as to costs or otherwise remaining outstanding between the parties, and for the making of an order as to the disposal of any sum lodged in Court as security for the costs of the appeal.
7. Notice of appeal by respondent where notice of appeal, withdrawn of appeal not entered. (O. 55 r. 7)
Where an appeal is withdrawn under the preceding rule, or where an appeal of which notice has been given is not entered within the time limited, any respondent who has not given notice of cross-appeal may give notice of appeal and proceed therewith in the manner prescribed by the foregoing rules; but in any such case the time limited for giving notice of appeal, entering the appeal furnishing security for costs, and filing and serving the record of appeal and the memorandum of appeal may, on application to the High Court or, if the appeal has not been entered, to the Court appealed from, be extended so far as is reasonably necessary in all the circumstances of the case.
8. High Court may direct service of notice on person not served. (O. 55 r. 8)
When an appeal is called on for hearing or at any previous time on the application of any person interested, the High Court may direct that the record of appeal, or any notice of cross-appeal, be served on any party to the cause or matter who has not been served therewith, or on any person not already a party to the cause or matter, and may, for the purpose of such service, adjourn the hearing upon such terms as are just, and may give such judgment and make such order as might have been given or made if the parties served with such record or notice had been originally parties.
9. Interest. (O. 55 r. 9)
On any appeal, interest, for such time as execution has been delayed by the appeal, shall be allowed, unless the High Court otherwise orders.
10. Pronouncement of judgment. (O. 55 r. 10)
The judgment of the High Court shall be pronounced in open Court, either on the hearing of the appeal or at any subsequent time of which notice shall be give to the parties to the appeal.
11. Decision on appeal to be sent to Court below. (O. 55 r. 11)
A certified copy of the judgment of the High Court on the appeal shall be sent to the Court from whose decision the appeal was brought.
12. Stay of execution. (O. 55 r. 12)
An appeal shall not operate as a stay of execution under the decision appealed against except in so far as the Court appealed from or the High Court may order, and any application for stay shall be made in the first instance to the Court appealed from.
13. Appeal from person or body of persons. (O. 55 r. 13)
(1) Where under any written law an appeal lies from any decision of any person or body of person to the High Court such appeal shall be made to the High Court in the State where the decision was given by motion setting out the grounds of appeal, supported by affidavit and, if the Court so directs at the hearing, by oral evidence.
(2) Unless otherwise provided by any written law, such appeal shall be made within one month from the date on which the decision was given or the date on which such decision was notified to the person appealing, whichever is the later date.
(3) Unless otherwise provided by any written law, notice of the motion shall be served on the respondent in such appeal or where the respondent is a body of person, on the secretary, registrar or such other officer of that body of persons.
14. (Deleted) [P.U. (A) 12/81]
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