29. Second appeals from orders. - [(a) In Second appeals from orders (including orders under Section 47 of the Code of Civil Procedure remand order under Order XLI, Rule 23 of the same Code) the preparation of Paper-Books in such appeals (to be heard by a Single Bench) is dispensed with unless specially ordered by the Court the Paper-Book in such cases shall consist of,-] [Substituted vide M.P. Rajpatra Part IV (Ga), dated 22-10-1976.]
(i)the order or orders, judgement or judgements of the subordinate Courts;(ii)the memorandum of appeal of the High Court;(iii)all papers or documents in the vernacular to which reference will be made at the hearing; and(iv)[ maps and plans, if any.] [Inserted by Notification No. 5-1-9-3-37, dated 27-6-1978.](b)Papers and documents other than those referred to in sub-rule (a) may be referred to at the hearing without inclusion in the paper-book. If however, such documents are included in the paper-book, at the request of parties, the costs thereof will not, in the absence of order of the Court to the contrary, be treated as costs in the case.(c)One or two copies of the paper-book shall ordinarily be prepared according as the case is heard by a single or Division Bench. These copies will be for the use of the Court:-(d)[ (i) For the first copy of the paper-book, the original papers and certified copies filed by the appellant shall be used if clean and clearly legible. If the copy of the judgement or order be in vernacular it shall be translated into English and typed at the expense of the appellant. If it be in manuscript or not legible it shall be typed free of cost. [Substituted by Notification No. 16, dated 1-2-1994.](ii)If more than one copy is necessary for the use of the Court the paper shall be typed in office at the expense of the appellant.](e)Appellant must file lists of documents which he desires to be included under Rule 29 (a)(iii) and 29 (b) in the form prescribed in Rule 14 above within two weeks of the order admitting the case for hearing both parties, or when that order was passed without records within two weeks of the receipt of the records in this Court. The respondent must similarly file his list within two weeks of service of notice of admission on him.Parties who do not desire the inclusion of documents under Rule 29 (a)(iii) and 29 (b) need not file blank lists under this rule within the prescribed time. The paper-book shall forthwith be prepared containing the papers enumerated in Rule 29 (a)(i) and (ii).(f)The provisions of Rules 22 to 24 shall apply mutatis mutandis to the preparation of paper-books under this rule with the modification that two weeks shall be substituted for six weeks and three weeks in Rules 23 and 24 respectively.(g)If the parties fail to make the deposit within the prescribed time the paper-book shall forthwith be prepared and the document, in respect of which costs have not been paid shall not be included.
