Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the decree appealed from and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded: [Provided that where two or more suits have been tried together and a common judgment has been delivered therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate Court dispense with the filing of more than one copy of the judgment.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (1.2.1977).]

Contents of memorandum.-The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative; and such grounds shall be numbered consecutively.

[ Where the appeal is against a decree for payment of money, the appellant shall, within such time as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Court may think fit.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]

High Court Amendments-[Allahabad].-(1) In sub-rule (1) of rule 1, after the proviso, the following Explanation shall be inserted, namely: "Explanation.-The copy of the decree referred to in sub-rule (1) of rule 1 above shall include a deemed decree as provided in Order XX in clause (b) in sub-rule (2) of rule 6-A".-(22-10-1994). (2) Add the following proviso to rule 1, sub-rule (2): "Provided that the Court may, for sufficient reasons, accept a memorandum of appeal without a copy of the decree appealed from if the Counsel for the appellant certifies that the copy has been applied for and has not yet been issued, subject to the copy being filed subsequently within the time granted by the Court."-(13-12-1969). (3) Sub-rule (3) of rule 1 shall be deleted.-(1-1-1994). [Andhra Pradesh].-Substitute the following for'rule 1: "(1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by such number of copies of judgment as may be required by the Rules or Notifications issued by the High Court and (unless the appellate Court dispenses with the filing of the decree or judgment or both for the time being) the decree drawn pursuant to the said judgment."-(2-8-1988). [Bombay].-Substitute the following rule as rule 1 for the existing rule 11 in Order XLI: "1. Form of appeal, what to accompany memorandum.-(l) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the decree appealed from and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded: Provided that where two or more suits have been tried together and a common judgment has been delivered, therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate Court may dispense with the filing of more than one copy of the judgment. *[Explanation.-The copy of the decree-referred to in sub-rule (1) of rule 1 above shall include a deemed decree as provided in Order XX in clause (b) in sub-rule (2) of rule 6-A.] (2) Contents of memorandum.-The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative; and such grounds shall be numbered consecutively. (3) Where the appeal is against a decree for payment of money, the appellant shall, within such time as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Court may think fit: Provided that the Court may dispense with the deposit or security where it deems fit to do so for sufficient cause. (4) The appellant shall file along with the memorandum of appeal as many copies thereof on plain paper as there are respondents for being served on the respondents along with the notice of appeal: Provided that the Court in its discretion may permit the appellant to file the necessary number of copies of the memorandum of appeal after the appeal is admitted, within such time as the Court may grant in this behalf."-(1-10-1983 and *9-12-1987). [Delhi].-Same as that of Punjab-(31-10-1966). [Himachal Pradesh].-Same as that of Punjab-(25-1-1971). [Karnataka].-Add the following to sub-rule (2) of Order 41, rule 1: "The memorandum shall also contain a statement of the amount or value of the subject-matter in dispute in the Court of first instance and in the appeal and a statement of the amount of Court-fee paid or payable on the appeal together with the provision of law under which it is calculated."-(5-11-1959). [Madras].-(i) For sub-rule (1) substitute the following: "(1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer, as it appoints in this behalf. The memorandum of appeal shall be accompanied by a certified copy of the decree appealed from and (unless the Appellate Court dispenses therewith) by a certified copy of the judgment on which it is founded and by such number of typewritten or cyclostyled or printed or mechanically reproduced copies of the judgment as are necessary to serve on the respondents to the appeal and four additional copies for the use of the Court. The copies so filed shall be neatly and legibly prepared without any error, of which four copies intended for the use of the Court, shall be on thick paper. In case the judgment is typed or cyclostyled,the four copies intended for the use of the Court must be typed or cyclostyled on one side of the paper only: Provided that where two or more suits have been tried together and a common judgment has been delivered therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, it shall not be necessary to file more than one set of copies of the judgment as provided for in this rule: Provided further that the Court shall have the copies of the judgment so filed compared with the certified copy of the judgment on payment of the prescribed charges."-(21-8-1983). (ii) Sub-rule (3) omitted.-(21-8-1980). [Patna].-Add the following as further proviso to sub-rule (1): "Provided further that, in appeals from decrees or orders under any special or local Act to which the provisions of Parts II and III of the Limitation Act, 1908, do not apply and in which certified copies of such decrees or orders have not been granted within the time prescribed for preferring an appeal, the appellate Court may admit the memorandum of appeal subject to the production of the copy of the decree or order appealed from within such time as may be fixed by the Court."-(5-4-1961). [Punjab, Haryana and Chandigarh].-To the existing proviso to sub-rule (1), add the following as further proviso to sub-rule (1): "Provided further that the Court may permit the appeal to be filed with true copies duly authenticated by an advocate as correct." [N.B.-These High Court Amendments relate to the provisions as existed before the 1999 Amendment Act.]

Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the decree appealed from and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded: [Provided that where two or more suits have been tried together and a common judgment has been delivered therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate Court dispense with the filing of more than one copy of the judgment.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (1.2.1977).]

Contents of memorandum.-The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative; and such grounds shall be numbered consecutively.

[ Where the appeal is against a decree for payment of money, the appellant shall, within such time as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Court may think fit.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]

High Court Amendments-[Allahabad].-(1) In sub-rule (1) of rule 1, after the proviso, the following Explanation shall be inserted, namely: "Explanation.-The copy of the decree referred to in sub-rule (1) of rule 1 above shall include a deemed decree as provided in Order XX in clause (b) in sub-rule (2) of rule 6-A".-(22-10-1994). (2) Add the following proviso to rule 1, sub-rule (2): "Provided that the Court may, for sufficient reasons, accept a memorandum of appeal without a copy of the decree appealed from if the Counsel for the appellant certifies that the copy has been applied for and has not yet been issued, subject to the copy being filed subsequently within the time granted by the Court."-(13-12-1969). (3) Sub-rule (3) of rule 1 shall be deleted.-(1-1-1994). [Andhra Pradesh].-Substitute the following for'rule 1: "(1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by such number of copies of judgment as may be required by the Rules or Notifications issued by the High Court and (unless the appellate Court dispenses with the filing of the decree or judgment or both for the time being) the decree drawn pursuant to the said judgment."-(2-8-1988). [Bombay].-Substitute the following rule as rule 1 for the existing rule 11 in Order XLI: "1. Form of appeal, what to accompany memorandum.-(l) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the decree appealed from and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded: Provided that where two or more suits have been tried together and a common judgment has been delivered, therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate Court may dispense with the filing of more than one copy of the judgment. *[Explanation.-The copy of the decree-referred to in sub-rule (1) of rule 1 above shall include a deemed decree as provided in Order XX in clause (b) in sub-rule (2) of rule 6-A.] (2) Contents of memorandum.-The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative; and such grounds shall be numbered consecutively. (3) Where the appeal is against a decree for payment of money, the appellant shall, within such time as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Court may think fit: Provided that the Court may dispense with the deposit or security where it deems fit to do so for sufficient cause. (4) The appellant shall file along with the memorandum of appeal as many copies thereof on plain paper as there are respondents for being served on the respondents along with the notice of appeal: Provided that the Court in its discretion may permit the appellant to file the necessary number of copies of the memorandum of appeal after the appeal is admitted, within such time as the Court may grant in this behalf."-(1-10-1983 and *9-12-1987). [Delhi].-Same as that of Punjab-(31-10-1966). [Himachal Pradesh].-Same as that of Punjab-(25-1-1971). [Karnataka].-Add the following to sub-rule (2) of Order 41, rule 1: "The memorandum shall also contain a statement of the amount or value of the subject-matter in dispute in the Court of first instance and in the appeal and a statement of the amount of Court-fee paid or payable on the appeal together with the provision of law under which it is calculated."-(5-11-1959). [Madras].-(i) For sub-rule (1) substitute the following: "(1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer, as it appoints in this behalf. The memorandum of appeal shall be accompanied by a certified copy of the decree appealed from and (unless the Appellate Court dispenses therewith) by a certified copy of the judgment on which it is founded and by such number of typewritten or cyclostyled or printed or mechanically reproduced copies of the judgment as are necessary to serve on the respondents to the appeal and four additional copies for the use of the Court. The copies so filed shall be neatly and legibly prepared without any error, of which four copies intended for the use of the Court, shall be on thick paper. In case the judgment is typed or cyclostyled,the four copies intended for the use of the Court must be typed or cyclostyled on one side of the paper only: Provided that where two or more suits have been tried together and a common judgment has been delivered therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, it shall not be necessary to file more than one set of copies of the judgment as provided for in this rule: Provided further that the Court shall have the copies of the judgment so filed compared with the certified copy of the judgment on payment of the prescribed charges."-(21-8-1983). (ii) Sub-rule (3) omitted.-(21-8-1980). [Patna].-Add the following as further proviso to sub-rule (1): "Provided further that, in appeals from decrees or orders under any special or local Act to which the provisions of Parts II and III of the Limitation Act, 1908, do not apply and in which certified copies of such decrees or orders have not been granted within the time prescribed for preferring an appeal, the appellate Court may admit the memorandum of appeal subject to the production of the copy of the decree or order appealed from within such time as may be fixed by the Court."-(5-4-1961). [Punjab, Haryana and Chandigarh].-To the existing proviso to sub-rule (1), add the following as further proviso to sub-rule (1): "Provided further that the Court may permit the appeal to be filed with true copies duly authenticated by an advocate as correct." [N.B.-These High Court Amendments relate to the provisions as existed before the 1999 Amendment Act.]