deposited by him in this appeal by way of
security under Order XLI Rule 5 of the Code of Civil
Procedure as directed vide order
appeal as it is an order passed under Order XLI, Rule 5 and not one under Order XLI, Rule 1(3). After considering the rival ... another angle also. Order XLI, Rule 5(5) provides as follows :
"(5) Notwithstanding anything contained in the foregoing sub-rules, where the appellant fails
appeal as it is an order passed under Order XLI Rule 5 and not one under Order XLI Rule 1(3). After considering the rival ... from another angle also. Order XLI 5(5) provides as follows:
(5) Notwithstanding anything contained in the foregoing Sub-rules, where the appellant fails
The Code Of Civil Procedure,1908
LAW COMMISSION OF INDIA
TWENTY-SEVENTH REPOR\"F
Limitation Act, 1908.
5. Before proceeding further, it is necessary to quote Order XLI Rule 5:
"5(1) An appeal shall not operate ... pending the hearing of the application".
6. Now taken Order XLI, Rule 5 by itself, it is prima facie clear that the appellate court
appeal after having dismissed it by an order under Clause (2), Rule 10, Order XLI.
4. It is argued for the petitioner that inasmuch ... Rule 19, Order XLI, and has no application when an application is made to restore an appeal which has been dismissed under Rule 10.
5
M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors on 9 November, 2019
Hare Krishna Sen vs Umesh Chandra Dutt And Ors. on 26 April, 1921
Equivalent citations
Anandilal & Anr vs Ram Narain & Ors on 10 May, 1984
Equivalent citations: 1984
Prativa Bose vs Kumar Rupendra Deb Raikat & Ors on 10 May, 1963
Equivalent citations
