Notice of the day fixed under rule 12 shall be affixed in the Appellate Court-house, and a like notice shall be sent by the Appellate Court to the Court from whose decree the appeal is preferred, and shall be served on the respondent or on his pleader in the Appellate Court in the manner provided for the service on a defendant of a summons to appear and answer; and all the provisions applicable to such summons, and to proceedings with reference to the service thereof, shall apply to the service of such notice.

Appellate Court may itself cause notice to be served-Instead of sending the notice to the Court from whose decree the appeal is preferred, the Appellate Court may itself cause the notice to be served on the respondent or his pleader under the provisions above referred to.

[ The notice to be served on the respondent shall be accompanied by a copy of the memorandum of appeal.

Notwithstanding anything to the contrary contained in sub-rule (1), it shall not be necessary to serve notice of any proceeding incidental to an appeal on any respondent other than a person impleaded for the first time in the Appellate Court, unless he has appeared and filed an address for the service in the Court of first instance or has appeared in the appeal.

Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f 1.2.1977).]

High Court Amendments-[Allahabad].-In rule 14 in sub-rule (1), for the words "on his pleader in the Appellate Court", substitute the following: "or on his pleader competent to receive the notice on his behalf."-(21-3-1981). [Andhra Pradesh].-Add the following proviso to sub-rule (1): "Provided that the Appellate Court may dispense with service of notice on respondents against whom the suit has proceeded ex parte in the Court from whose decree the appeal is preferred." [Karnataka].-Same as that of Andhra Pradesh. [Madras].-Insert the following as a proviso to sub-rule (1): "Provided that the Appellate Court may dispense with service of notice on respondents, who have remained absent, against whom the suit has proceeded ex parte in the Court from whose decree the appeal is preferred or who have been declared absent by the said Court."-(17-11-1976). [Orissa].-(1) Add the following as sub-rule (3): "*(2-A) Where the passing of an ex parte interlocutory order has, in the opinion of the Court, the effect of causing delay in any proceeding pending in a subordinate Court, notice shall issue simultaneously both to the respondent and to his pleader in the said proceeding in the subordinate Court, fixing a short date for return of the service. If the pleader has been served with the notice but the notice to the respondent is returned unserved and no appearance is made on his behalf the appellate Court may in its discretion declare the service on the pleader to be sufficient service on the respondent and shall intimate the same to the respondent by registered post at the cost of the appellant."-(17-9-1954). *Re-numbered as sub-rule (2-A)-(14-5-1984). (2) Delete sub-rule (4)-(14-5-1984). Order 41, Rule 14-A High Court Amendments-[Kerala].-The following shall be added as rule 14-A:- "14-A. Substitution of letter for notice.-(i) The Court may, notwithstanding anything hereinbefore contained, substitute for notice a letter signed by the Judge or such officer as he may appoint in this behalf, where the respondent is the Presiding Officer of a House of Parliament or of a State Legislature or the Chairman of a Committee thereof, or in the opinion of the Court, of a rank entitling him to such mark of consideration. (2) A letter substituted under sub-rule (1) shall contain all the particulars required to be stated in a notice and, subject to the provisions of sub-rule (3), shall be treated in all respects as a notice. (3) A letter so substituted may be sent to the respondent by post or by a special messenger selected by the Court, or in any other manner which the Court thinks fit; and, where the respondent has an agent empowered to accept service, the letter may be delivered or sent to such agent."-(16-7-1963). [Orissa].-Same as that of Patna.-(26-9-1948). [Patna].-Add the following as rule 14-A: "14-A. The Appellate Court may, in its discretion, dispense with the service of notice hereinbefore required on a respondent, or on the legal representative of a deceased respondent, in a case where such respondent did not appear, either at any stage of the proceedings in the Court whose decree is appealed from or in any proceedings subsequent to the decree of that Court and no relief is claimed against such opposite party or respondent or his legal representative either in the original case or appeal." Order 41, Rule 15-A High Court Amendment-[Madhya Pradesh].-Insert the following as rule 15-A:- "15-A. Failure to take necessary steps after admission of an appeal in the High Court.-Where, after admission of an appeal in the High Court, the Rules of the High Court require the appellant to take any steps in the prosecution of the appeal before a fixed date, and where, after due service of a notice intimating the steps to be taken and the date before which they must be taken, the appellant fails to take such steps within the prescribed time, the Court may direct the appeal to be dismissed for want of prosecution or may pass such other order as it thinks fit."-(16-9-1960).

Notice of the day fixed under rule 12 shall be affixed in the Appellate Court-house, and a like notice shall be sent by the Appellate Court to the Court from whose decree the appeal is preferred, and shall be served on the respondent or on his pleader in the Appellate Court in the manner provided for the service on a defendant of a summons to appear and answer; and all the provisions applicable to such summons, and to proceedings with reference to the service thereof, shall apply to the service of such notice.

Appellate Court may itself cause notice to be served-Instead of sending the notice to the Court from whose decree the appeal is preferred, the Appellate Court may itself cause the notice to be served on the respondent or his pleader under the provisions above referred to.

[ The notice to be served on the respondent shall be accompanied by a copy of the memorandum of appeal.

Notwithstanding anything to the contrary contained in sub-rule (1), it shall not be necessary to serve notice of any proceeding incidental to an appeal on any respondent other than a person impleaded for the first time in the Appellate Court, unless he has appeared and filed an address for the service in the Court of first instance or has appeared in the appeal.

Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f 1.2.1977).]

High Court Amendments-[Allahabad].-In rule 14 in sub-rule (1), for the words "on his pleader in the Appellate Court", substitute the following: "or on his pleader competent to receive the notice on his behalf."-(21-3-1981). [Andhra Pradesh].-Add the following proviso to sub-rule (1): "Provided that the Appellate Court may dispense with service of notice on respondents against whom the suit has proceeded ex parte in the Court from whose decree the appeal is preferred." [Karnataka].-Same as that of Andhra Pradesh. [Madras].-Insert the following as a proviso to sub-rule (1): "Provided that the Appellate Court may dispense with service of notice on respondents, who have remained absent, against whom the suit has proceeded ex parte in the Court from whose decree the appeal is preferred or who have been declared absent by the said Court."-(17-11-1976). [Orissa].-(1) Add the following as sub-rule (3): "*(2-A) Where the passing of an ex parte interlocutory order has, in the opinion of the Court, the effect of causing delay in any proceeding pending in a subordinate Court, notice shall issue simultaneously both to the respondent and to his pleader in the said proceeding in the subordinate Court, fixing a short date for return of the service. If the pleader has been served with the notice but the notice to the respondent is returned unserved and no appearance is made on his behalf the appellate Court may in its discretion declare the service on the pleader to be sufficient service on the respondent and shall intimate the same to the respondent by registered post at the cost of the appellant."-(17-9-1954). *Re-numbered as sub-rule (2-A)-(14-5-1984). (2) Delete sub-rule (4)-(14-5-1984). Order 41, Rule 14-A High Court Amendments-[Kerala].-The following shall be added as rule 14-A:- "14-A. Substitution of letter for notice.-(i) The Court may, notwithstanding anything hereinbefore contained, substitute for notice a letter signed by the Judge or such officer as he may appoint in this behalf, where the respondent is the Presiding Officer of a House of Parliament or of a State Legislature or the Chairman of a Committee thereof, or in the opinion of the Court, of a rank entitling him to such mark of consideration. (2) A letter substituted under sub-rule (1) shall contain all the particulars required to be stated in a notice and, subject to the provisions of sub-rule (3), shall be treated in all respects as a notice. (3) A letter so substituted may be sent to the respondent by post or by a special messenger selected by the Court, or in any other manner which the Court thinks fit; and, where the respondent has an agent empowered to accept service, the letter may be delivered or sent to such agent."-(16-7-1963). [Orissa].-Same as that of Patna.-(26-9-1948). [Patna].-Add the following as rule 14-A: "14-A. The Appellate Court may, in its discretion, dispense with the service of notice hereinbefore required on a respondent, or on the legal representative of a deceased respondent, in a case where such respondent did not appear, either at any stage of the proceedings in the Court whose decree is appealed from or in any proceedings subsequent to the decree of that Court and no relief is claimed against such opposite party or respondent or his legal representative either in the original case or appeal." Order 41, Rule 15-A High Court Amendment-[Madhya Pradesh].-Insert the following as rule 15-A:- "15-A. Failure to take necessary steps after admission of an appeal in the High Court.-Where, after admission of an appeal in the High Court, the Rules of the High Court require the appellant to take any steps in the prosecution of the appeal before a fixed date, and where, after due service of a notice intimating the steps to be taken and the date before which they must be taken, the appellant fails to take such steps within the prescribed time, the Court may direct the appeal to be dismissed for want of prosecution or may pass such other order as it thinks fit."-(16-9-1960).