A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits.

High Court Amendment-[Allahabad].-In rule 37, delete the words "and shall be filed with the original proceedings in the suit", and add a new paragraph at the end of the rule: "Where the Appellate Court is the High Court the copies aforesaid shall be filed with the original proceedings in the suit." Order 41, Rule 38 High Court Amendments-[Allahabad].-Add the following rule to Order 41: "38. (1) An address for service filed under Order 7, rule 19, or Order 8, rule 11, or subsequently altered under Order 7, rule 24 or Order 8, rule 12, shall hold good during all appellate proceedings arising out of the original suit or petition. (2) Every memorandum of appeal shall state the addresses for service given by the opposite parties in the Court below, and notices and processes shall issue from the appellate Court to such addresses. (3) Rules 21, 22, 23 and 24 of Order 7 shall apply, so far as may be, to appellate proceedings."-(1-6-1918). [Bombay].-After the existing rule 37, add the following rule and marginal note as new rule 38 and its marginal note: "38. Registered address to hold good during appellate proceedings.-(1) The registered address filed under Order 41, rule 14-A, shall hold good during all appellate proceedings arising out of the original suit or petition, subject to any alteration under sub-rule (3) hereof. (2) Every memorandum of appeal shall state the registered addreses given by the opposite parties in the Court below, and notices and processes shall issue from the appellate Court to such addresses. (3) Sub-rules (2) and (4) (i) and (ii) of rule 14-A of Order VI shall apply, so far as maybe, to the appellate proceedings."-(1-10-1983). [Delhi].-Same as that of Punjab. [Gujarat].-The following be added as rule 38: "38. Every memorandum of appeal shall state the addresses for service given by the opposite parties in the Court below, and notices and processes shall issue from the Appellate Court to such addresses."-(17-8-1961). [Himachal Pradesh].-Same as that of Punjab. [Orissa].-Same as that of Patna-(26-7-1948). [Patna].-Add the following as rule 38: "38. (1) An address for service filed under Order 7, rule 19, or Order 8, rule 11, or subsequently altered under Order 7, rule 22 or Order 8, rule 12, shall hold good for all notices of appeals and all appellate proceedings arising of the original suit or petition. (2) Every memorandum of appeal shall state the addresses for service given by the opposite parties in the Court below, and notices and processes shall issue from the appellate Court to such addresses. (3) Rules 21 and 22 of Order 7, shall apply, so far as may be, appellate proceedings." [Punjab].-Add the following as rule 38: "38. (1) An address for service filed under Order 7, rule 19, or Order 8, rule 11, or subsequently altered under Order 7, rule 24, or Order 8, rule 12, shall hold good during all appellate proceedings arising out of the original suit or petition. (2) The notice of appeal, and other processes connected with proceedings therein, shall issue to the addresses mentioned in clause (1) above, and service effected at such addresses shall be as effective as if it had been made personally on the appellant or respondent, as the case maybe. (3) Rules 21, 22, 23, 24 and 25 of Order 7 shall apply, so far as may be, to appellate proceedings." Order 41-A High Court Amendments-[Allahabad].-Order 41-A, rules 1-11. After Order 41 insert the following as Order 41-A: "ORDER XLI-A Appeals from Original Decrees in the High Court 1. Extent.- The rules contained in this Order shall apply to appeals in the High Court notwithstanding anything to the contrary contained in Order 41 or any other Order and the rules contained in Order 41 shall be deemed to have been modified or repealed in their application to such appeals to the extent of their inconsistency or repugnancy or as indicated herein. 2. Service of notice on pleader.- If a party appears by a pleader all notices to him shall be served upon such pleader, unless the Court directs otherwise. 3. Hearing appeal under rule 11 of Order 41 on date of presentation.- Where a memorandum of appeal is admitted on presentation the Court may, if it deems fit, proceed to hear the appeal under rule 11 of Order 41 on the date on which it is presented. 4. Day for appearance of respondent.- Unless the appeal is dismissed under rule 11 of Order 41, a day shall be fixed for the appearance of the respondent and notice thereof shall be given to him. The notice shall call upon him to enter appearance on or before the day so fixed and answer the appeal and inform him that the appeal shall be heard on such day thereafter as may be subsequently notified. 5. Mode of entering appearance.- The respondent shall enter appearance by filing a memorandum of appearance in such form as may be prescribed by the Court. 6. Notice of day for hearing appeal.- Notice of the day fixed for the hearing of the appeal shall be given by making an entry thereof in the day's cause list of the Court for that day and no other notice to the parties shall be necessary. 7: Application of rules 14 and 15 of Order 41.-Rules 14 and 15 of Order 41 shall not apply in so far as they may be inconsistent with the rules of the Court regarding the nature, service or publication of notices. 8. Amendment of rules 16, 17 and 18 of Order 41.- The following amendments shall be deemed to have been made in Order 41, namely: (a) In sub-rule (1) of rule 16 for the words "on the day fixed, or on any, other day to which the hearing may be adjourned" the words "when the appeal is called on for hearing" shall be substituted. (b) In sub-rule (1) of rule 17 the words "on the day fixed, or on any other date to which the hearing may be adjourned" shall be omitted. (c) In rule 18 for the words "Where on the day fixed, or on any other day to which the hearing may be adjourned" the words "when the appeal is called on for hearing" shall be substituted. 9. Dismissal of appeal for default.- Where default is made in compliance with any rules of the Court which provides for the dismissal of an appeal for such default, the Court may dismiss the appeal. 10. Upon hearing, respondent may object to decree as if he had preferred separate appeal.- Any respondent, though he may not have appealed from any part of the decree, may not only support the decree on any of the grounds decided against him in the Court below, but take any cross-objection to the decree which he could have taken by way of appeal, provided he has filed such objection within one month from the day fixed for his appearance in the notice served upon him in accordance with rule 4, or within such further time as the Court may deem fit to allow. 11. Application of rule 31 of Order 41.- Rule 31 of Order 41 shall not apply when the Court dismisses an appeal under rule 11 of that Order."-(22-12-1951). [Andhra Pradesh].-Same as that of Madras. [Karnataka].-After Order 41, and before. Order 42, add the following Order as Order 41-A: "ORDER XLI-A Appeals to the High Court from Original Decrees of Subordinate Courts 1. Rules contained in Order 41 shall apply to appeals in the High Court of Mysore with the modifications contained in this Order. 2. Where the memorandum' of appeal is presented through an Advocate the memorandum shall state his address for service within the City of Bangalore and such address shall be the address for service of the appellant for all notices and processes issued in or in connection with the appeal or any interlocutory application in the appeal. 3. When any notice issued in an appeal preferred to the High Court fixes a date on which or a period within which the parties served with the notice shall enter appearance in the appeal such notice shall be deemed to be a notice fixing a day for hearing the appeal within the meaning of rule 12 of Order 41. 4. The Court may direct that service of a notice of appeal or other notice of process shall be made by sending the same in a postal registered cover prepaid for acknowledgment and addressed to the address for service of the party to be served which has been filed by him in the lower Court or in the High Court. A notice sent in accordance with this rule shall be deemed to be served on the day on which it would, in ordinary course of post, be delivered to him if the postal cover is not returned within a period of 15 days. When the cover is actually delivered to the party the postal acknowledgment purporting to contain the signature of the party may be deemed to be proof of sufficient service of the notice on the party on the day on which it is actually delivered to him. If the postal cover is returned unserved, any endorsement purporting to have been made thereon by delivery peon or other employee or officer of the postal department shall be prima facie evidence of the statements made therein. 5. If any party or his Advocate to whom a memorandum of cross-objections has been tendered has refused or neglected for three days from the date of such tender to give the acknowledgment mentioned in rule 22(3) of Order 41, the respondent preferring such memorandum of cross-objections may -file into Court an affidavit stating the facts and the Registrar maydispense with service of the copies of the memorandum. 6. (1) Riile 31 of Order 41 shall not apply to the High Court. If judgment is given orally a shorthand note thereof shall be taken by a shorthand-writer appointed for the purpose and a transcript made by him shall be signed or initialled by the Judge or judges concurring therein after making such corrections as may be considered necessary. (2) Sub-rule (4) of rule 35 of Order 41 shall not apply to the High Court. Decrees of the High Court shall be signed by the Registrar, Deputy Registrar or Assistant Registrar, as indicated by the Chief Justice. 7.(1) If an appellant or petitioner fails to show due diligence in making all deposits or payments or in taking all necessary steps as required by the Rules of the High Court in the matter of the preparation of the paper book of any appeal or petition, the Registrar may in his discretion, and shall if the maximum period of extension of the time permissible under sub-rule (9) of rule 1, Chapter IV has expired post the appeal or petition before the -appropriate Bench for orders. The Bench may either grant further time for rectifying the default or omission, or if it thinks fit dismiss the appeal or petition. (2) Any appeal or petition dismissed under sub-rule (1) may be re-admitted by Court if an application for re-admission is made accompanied by a certificate signed by the Registrar certifying that the default or omission for which the order of dismissal was passed has been rectified."-(5-11-1959). [Kerala].-After Order 41, the following Order shall be added, namely:- "ORDER XLI-A Appeals to the High Court from Original Decrees of Subordinate Courts "1. Modification in first appeals to High Court.-The rules contained in Order 41, shall apply to appeals in the High Court of Kerala with modifications contained in this Order.] 2. (1) Notice fee, etc., to accompany appeal memo.-The memorandum of appeal shall be accompanied by twelve printed copies of the judgment, one of such copies being a certified copy, the prescribed fees for service of notice of appeal and the receipt of the accountant of the Court for the sum prescribed by the rules of Court. (2) Time for respondent's appearance.-Notwithstanding anything contained in rule 22 of Order 41 the period prescribed for entry of appearance by the respondent and filing by him of memorandum of cross-objections, if any, shall, unless otherwise ordered, be thirty days from the service of notice upon him. 3. (1) Appearance to be filed by respondent.-If the respondent intends to appear and defend the appeal he shall within the period specified in the notice of appeal enter an appearance by filing in Court a memorandum of appearance. (2) Penalty for default.-If a respondent fails to enter an appearance within the time and in the manner provided by the sub-rule above, he shall not be allowed to translate or print any part of the record. Petition for enlargement of time and procedure thereon.-Provided that a respondent may apply by petition for further time; and the Court may thereupon make such order as it thinks fit. The application shall be supported by evidence to be given on affidavit as to the reason for the applicant's default and notice thereof shall be given to the appellant and all parties who have entered an appearance. Unless otherwise ordered the applicant shall pay the costs of all parties appearing upon the application. 4. (1) Address for service.-The memorandum of appeal, and the memorandum of appearance shall state an address for service within the town of Ernakulam at which service of any notice, order or process may be made on the party filing such memorandum. (2) When party appears in person or by pleader.-If a party appears in person, the address for service may be within the local limits of the jurisdiction of the Court from whose decree the appeal is preferred: Provided that if such party subsequently appears by a pleader, he shall state in thevakalath an address for service within the town of Ernakulam and shall give notice thereof to each party who has appeared. (3) Service at pleader's address.-If a party appears by a pleader, his address for service shall be that of his pleader, and all notices to the party shall be served on his pleader at that address. 5. Service by registered post.- The Court may direct that service of a notice of appeal or other notice or process shall be made by sending the same in a registered cover prepaid for acknowledgment and addressed to the address for service of the party to be served, which has been filed by him in the lower Court: Provided that, after a party has given notice of an address for service in accordance with rule 4, service of any notice or process shall be made at such address. 6. Notice to respondents appearing separately.- If there are several respondents, and all do not appear by the same pleader, they shall give notice of appearance to such of the other respondents as appear separately. 7. Procedure where record not translated and printed before hearing.- (1) If, upon a case being called on for hearing, by the Court, it appears that the record has not been translated or printed in accordance with the rules of Court, the Court may dismiss the appeal or may adjourn the hearing and direct the party in default to pay costs, or may make such order as it thinks fit. (2) If the Court proceeds to hear the appeal, it may refuse to read or refer to any part of the record which is not included in the printed papers. (3) When an appeal is dismissed under sub-rule (1), the appellant may apply to the Court for re-admission of the appeal; and when the Court is satisfied that there was sufficient cause for default, it shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit."-(20-1-1970). 8. Costs of application and of adjournment.- When costs are awarded, unless the Court otherwise orders, the costs of a party appearing upon any application before the Registrar or the Court shall be Rs. 15, and the costs of appearing when the appeal is in the daily cause list for final hearing and is adjourned shall be Rs. 30. At the request of any party the Registrar shall cause the order to be drawn up and the said costs to be inserted therein. Memorandum of Objections 9. (1) Copies of memo. of objections when to be filed.-If the acknowledgment mentioned in rule 22(3) of Order 41 is not filed, the respondent shall together with the Memorandum of Objections file so many copies thereof as there are parties affected thereby. (2) Prescribed fees for service.-The prescribed fees for service shall be presented together with the memorandum to the Registrar."-(9-6-1959). [Madras].-Add the following: "ORDER XLI-A Appeals to the High Court from Original Decrees of Subordinate Courts 1. The rules contained in Order 41 shall apply to appeals in the High Court of Judicature at Madras with the modifications contained in this Order. 2. (1) The memorandum of appeal shall be accompanied by twelve printed copies of the judgment, one of such copies being a certified copy, the prescribed fees for service of notice of appeal and the receipt of the accountant of the Court for the sum prescribed by the rules of Court. (2) Notwithstanding anything contained in rule 22 of Order 41 the period prescribed for entry of appearance by the respondent and filing by him of memorandum of cross objections, if any, shall, unless otherwise ordered, be thirty days from the service of notice upon him. 3. (1) If the respondent intends to appear and defend the appeal he shall, within the period specified in the notice of appeal, enter an appearance by filing in Court a memorandum of appearance. (2) If a respondent fails to enter an appearance within the time and in the manner provided by the sub-rule above, he shall not be allowed to translate or print any part of the record: Provided that a respondent may apply by petition for further time, and the Court may thereupon make such orders as it thinks fit. The application shall be supported by evidence to be given on affidavit as to the reason for the applicant's default, and notice thereof shall be given to the appellant and all parties who have entered an appearance. Unless otherwise ordered the applicant shall pay the costs of all parties appearing upon the application. 4. (1) The memorandum of appeal and memorandum of appearance shall state an address for service within the city of Madras at which service of any notice, order or process may be made on the party filing such memorandum. (2) If a party appears in person, the address for service may be within the local limits or the jurisdiction of the Court from whose decree the appeal is preferred:Provided that if such party subsequently appears by a pleader, he shall state in the vakalat an address for service within the city of Madras, and shall give notice thereof to each party who has appeared. (3) If a party appears by a pleader, his address for service shall be that of his pleader, and all notices to the party shall be served on his pleader at that address. 5. The Court may direct that service of a notice of appeal or other notice or process shall be made by sending the same in a registered cover prepaid for acknowledgment and addressed to the address for service of the party to be served which has been filed by him in the lower Court: Provided that, after a party has given notice of an address for service in accordance with rule 4, service of any notice or process shall be made at such address. 6. All notices and processes, other than a notice of appeal, shall be sufficiently served if left by a party or his pleader, or by a person employed by the pleader, or by an officer of the Court, between the hours of 11 A.M. and 6 P.M. at the address for service of the party to be served. 7. Notices which may be served by a party or his pleader under rule 6, or which are sent from the office of the Registrar may, unless the Court otherwise directs, be sent by registered post; and the time at which the notice so posted would be delivered in the ordinary course of post shall be considered as the time of service thereof and the posting thereof shall be a sufficient service. 8. If there are several respondents, and all do not appear by the same pleader, they shall give notice of appearance to such of the other respondent's as appear separately. 9. A list of all cases in which notice is to be issued to the respondent shall be affixed to the Court notice board after the case has been registered. 10. (1) If upon a case being called on for hearing by the Court, it appears that the record has not been translated and printed in accordance with the rules of the Court, the Court may hear the appeal or dismiss it, or may adjourn the hearing and direct the party in default to pay costs, or may make such orders as it thinks fit. (2) If the Court proceeds to hear the appeal, it may refuse to read or refer to any part of the record which is not included in the printed papers. 11. When costs are awarded, the costs of a party appearing upon any application before the Registrar shall be Rs. 25. At the request of any party the Registrar shall cause the order to be drawn up and the said costs to be inserted therein. (Rule 11 as amended with effect from 8-4-1964). Memorandum of Objections 12. (1) If the acknowledgment mentioned in rule 22(3) of Order 41 is not filea, she respondent shall together with the memorandum of objections file so many copies thereof as there are parties affected thereby. (2) The prescribed fees for service shall be presented together with the memorandum to the Registrar. 13. If any party or the pleader of any party to whom a memorandum of objections has been tendered has refused or neglected for three days from the date of tender to give the acknowledgment mentioned in rule 22 (3) of Order 41, the respondent may file an affidavit stating the facts and the Registrar may dispense with the service of the copies mentioned in rule 12(1). 14. Rule 31 of Order 41 shall not apply to the High Court. If a judgment is given orally a shorthand note thereof shall be taken by an officer of the Court and transcript made by him shall be signed or initialled by the Judge or Judges concurring therein after making such corrections as may be considered necessary. Order XLI-B High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Madras].-After Order 41-A, insert the following:- "ORDER XLI-B Letters Patent Appeal 1. The rules of Order 41-A shall apply, so far as may be, to appeals to the High Court of Madras under clause 15 of the Letters Patent of the said Court: Provided that it shall not be necessary to file copies of the judgment and decree appealed from. 2. Notice of the appeal shall be given in manner prescribed by Order 41-A, rule 6, or if the party to be served has appeared in person in manner prescribed by rule 5 of the said Order."

A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits.

High Court Amendment-[Allahabad].-In rule 37, delete the words "and shall be filed with the original proceedings in the suit", and add a new paragraph at the end of the rule: "Where the Appellate Court is the High Court the copies aforesaid shall be filed with the original proceedings in the suit." Order 41, Rule 38 High Court Amendments-[Allahabad].-Add the following rule to Order 41: "38. (1) An address for service filed under Order 7, rule 19, or Order 8, rule 11, or subsequently altered under Order 7, rule 24 or Order 8, rule 12, shall hold good during all appellate proceedings arising out of the original suit or petition. (2) Every memorandum of appeal shall state the addresses for service given by the opposite parties in the Court below, and notices and processes shall issue from the appellate Court to such addresses. (3) Rules 21, 22, 23 and 24 of Order 7 shall apply, so far as may be, to appellate proceedings."-(1-6-1918). [Bombay].-After the existing rule 37, add the following rule and marginal note as new rule 38 and its marginal note: "38. Registered address to hold good during appellate proceedings.-(1) The registered address filed under Order 41, rule 14-A, shall hold good during all appellate proceedings arising out of the original suit or petition, subject to any alteration under sub-rule (3) hereof. (2) Every memorandum of appeal shall state the registered addreses given by the opposite parties in the Court below, and notices and processes shall issue from the appellate Court to such addresses. (3) Sub-rules (2) and (4) (i) and (ii) of rule 14-A of Order VI shall apply, so far as maybe, to the appellate proceedings."-(1-10-1983). [Delhi].-Same as that of Punjab. [Gujarat].-The following be added as rule 38: "38. Every memorandum of appeal shall state the addresses for service given by the opposite parties in the Court below, and notices and processes shall issue from the Appellate Court to such addresses."-(17-8-1961). [Himachal Pradesh].-Same as that of Punjab. [Orissa].-Same as that of Patna-(26-7-1948). [Patna].-Add the following as rule 38: "38. (1) An address for service filed under Order 7, rule 19, or Order 8, rule 11, or subsequently altered under Order 7, rule 22 or Order 8, rule 12, shall hold good for all notices of appeals and all appellate proceedings arising of the original suit or petition. (2) Every memorandum of appeal shall state the addresses for service given by the opposite parties in the Court below, and notices and processes shall issue from the appellate Court to such addresses. (3) Rules 21 and 22 of Order 7, shall apply, so far as may be, appellate proceedings." [Punjab].-Add the following as rule 38: "38. (1) An address for service filed under Order 7, rule 19, or Order 8, rule 11, or subsequently altered under Order 7, rule 24, or Order 8, rule 12, shall hold good during all appellate proceedings arising out of the original suit or petition. (2) The notice of appeal, and other processes connected with proceedings therein, shall issue to the addresses mentioned in clause (1) above, and service effected at such addresses shall be as effective as if it had been made personally on the appellant or respondent, as the case maybe. (3) Rules 21, 22, 23, 24 and 25 of Order 7 shall apply, so far as may be, to appellate proceedings." Order 41-A High Court Amendments-[Allahabad].-Order 41-A, rules 1-11. After Order 41 insert the following as Order 41-A: "ORDER XLI-A Appeals from Original Decrees in the High Court 1. Extent.- The rules contained in this Order shall apply to appeals in the High Court notwithstanding anything to the contrary contained in Order 41 or any other Order and the rules contained in Order 41 shall be deemed to have been modified or repealed in their application to such appeals to the extent of their inconsistency or repugnancy or as indicated herein. 2. Service of notice on pleader.- If a party appears by a pleader all notices to him shall be served upon such pleader, unless the Court directs otherwise. 3. Hearing appeal under rule 11 of Order 41 on date of presentation.- Where a memorandum of appeal is admitted on presentation the Court may, if it deems fit, proceed to hear the appeal under rule 11 of Order 41 on the date on which it is presented. 4. Day for appearance of respondent.- Unless the appeal is dismissed under rule 11 of Order 41, a day shall be fixed for the appearance of the respondent and notice thereof shall be given to him. The notice shall call upon him to enter appearance on or before the day so fixed and answer the appeal and inform him that the appeal shall be heard on such day thereafter as may be subsequently notified. 5. Mode of entering appearance.- The respondent shall enter appearance by filing a memorandum of appearance in such form as may be prescribed by the Court. 6. Notice of day for hearing appeal.- Notice of the day fixed for the hearing of the appeal shall be given by making an entry thereof in the day's cause list of the Court for that day and no other notice to the parties shall be necessary. 7: Application of rules 14 and 15 of Order 41.-Rules 14 and 15 of Order 41 shall not apply in so far as they may be inconsistent with the rules of the Court regarding the nature, service or publication of notices. 8. Amendment of rules 16, 17 and 18 of Order 41.- The following amendments shall be deemed to have been made in Order 41, namely: (a) In sub-rule (1) of rule 16 for the words "on the day fixed, or on any, other day to which the hearing may be adjourned" the words "when the appeal is called on for hearing" shall be substituted. (b) In sub-rule (1) of rule 17 the words "on the day fixed, or on any other date to which the hearing may be adjourned" shall be omitted. (c) In rule 18 for the words "Where on the day fixed, or on any other day to which the hearing may be adjourned" the words "when the appeal is called on for hearing" shall be substituted. 9. Dismissal of appeal for default.- Where default is made in compliance with any rules of the Court which provides for the dismissal of an appeal for such default, the Court may dismiss the appeal. 10. Upon hearing, respondent may object to decree as if he had preferred separate appeal.- Any respondent, though he may not have appealed from any part of the decree, may not only support the decree on any of the grounds decided against him in the Court below, but take any cross-objection to the decree which he could have taken by way of appeal, provided he has filed such objection within one month from the day fixed for his appearance in the notice served upon him in accordance with rule 4, or within such further time as the Court may deem fit to allow. 11. Application of rule 31 of Order 41.- Rule 31 of Order 41 shall not apply when the Court dismisses an appeal under rule 11 of that Order."-(22-12-1951). [Andhra Pradesh].-Same as that of Madras. [Karnataka].-After Order 41, and before. Order 42, add the following Order as Order 41-A: "ORDER XLI-A Appeals to the High Court from Original Decrees of Subordinate Courts 1. Rules contained in Order 41 shall apply to appeals in the High Court of Mysore with the modifications contained in this Order. 2. Where the memorandum' of appeal is presented through an Advocate the memorandum shall state his address for service within the City of Bangalore and such address shall be the address for service of the appellant for all notices and processes issued in or in connection with the appeal or any interlocutory application in the appeal. 3. When any notice issued in an appeal preferred to the High Court fixes a date on which or a period within which the parties served with the notice shall enter appearance in the appeal such notice shall be deemed to be a notice fixing a day for hearing the appeal within the meaning of rule 12 of Order 41. 4. The Court may direct that service of a notice of appeal or other notice of process shall be made by sending the same in a postal registered cover prepaid for acknowledgment and addressed to the address for service of the party to be served which has been filed by him in the lower Court or in the High Court. A notice sent in accordance with this rule shall be deemed to be served on the day on which it would, in ordinary course of post, be delivered to him if the postal cover is not returned within a period of 15 days. When the cover is actually delivered to the party the postal acknowledgment purporting to contain the signature of the party may be deemed to be proof of sufficient service of the notice on the party on the day on which it is actually delivered to him. If the postal cover is returned unserved, any endorsement purporting to have been made thereon by delivery peon or other employee or officer of the postal department shall be prima facie evidence of the statements made therein. 5. If any party or his Advocate to whom a memorandum of cross-objections has been tendered has refused or neglected for three days from the date of such tender to give the acknowledgment mentioned in rule 22(3) of Order 41, the respondent preferring such memorandum of cross-objections may -file into Court an affidavit stating the facts and the Registrar maydispense with service of the copies of the memorandum. 6. (1) Riile 31 of Order 41 shall not apply to the High Court. If judgment is given orally a shorthand note thereof shall be taken by a shorthand-writer appointed for the purpose and a transcript made by him shall be signed or initialled by the Judge or judges concurring therein after making such corrections as may be considered necessary. (2) Sub-rule (4) of rule 35 of Order 41 shall not apply to the High Court. Decrees of the High Court shall be signed by the Registrar, Deputy Registrar or Assistant Registrar, as indicated by the Chief Justice. 7.(1) If an appellant or petitioner fails to show due diligence in making all deposits or payments or in taking all necessary steps as required by the Rules of the High Court in the matter of the preparation of the paper book of any appeal or petition, the Registrar may in his discretion, and shall if the maximum period of extension of the time permissible under sub-rule (9) of rule 1, Chapter IV has expired post the appeal or petition before the -appropriate Bench for orders. The Bench may either grant further time for rectifying the default or omission, or if it thinks fit dismiss the appeal or petition. (2) Any appeal or petition dismissed under sub-rule (1) may be re-admitted by Court if an application for re-admission is made accompanied by a certificate signed by the Registrar certifying that the default or omission for which the order of dismissal was passed has been rectified."-(5-11-1959). [Kerala].-After Order 41, the following Order shall be added, namely:- "ORDER XLI-A Appeals to the High Court from Original Decrees of Subordinate Courts "1. Modification in first appeals to High Court.-The rules contained in Order 41, shall apply to appeals in the High Court of Kerala with modifications contained in this Order.] 2. (1) Notice fee, etc., to accompany appeal memo.-The memorandum of appeal shall be accompanied by twelve printed copies of the judgment, one of such copies being a certified copy, the prescribed fees for service of notice of appeal and the receipt of the accountant of the Court for the sum prescribed by the rules of Court. (2) Time for respondent's appearance.-Notwithstanding anything contained in rule 22 of Order 41 the period prescribed for entry of appearance by the respondent and filing by him of memorandum of cross-objections, if any, shall, unless otherwise ordered, be thirty days from the service of notice upon him. 3. (1) Appearance to be filed by respondent.-If the respondent intends to appear and defend the appeal he shall within the period specified in the notice of appeal enter an appearance by filing in Court a memorandum of appearance. (2) Penalty for default.-If a respondent fails to enter an appearance within the time and in the manner provided by the sub-rule above, he shall not be allowed to translate or print any part of the record. Petition for enlargement of time and procedure thereon.-Provided that a respondent may apply by petition for further time; and the Court may thereupon make such order as it thinks fit. The application shall be supported by evidence to be given on affidavit as to the reason for the applicant's default and notice thereof shall be given to the appellant and all parties who have entered an appearance. Unless otherwise ordered the applicant shall pay the costs of all parties appearing upon the application. 4. (1) Address for service.-The memorandum of appeal, and the memorandum of appearance shall state an address for service within the town of Ernakulam at which service of any notice, order or process may be made on the party filing such memorandum. (2) When party appears in person or by pleader.-If a party appears in person, the address for service may be within the local limits of the jurisdiction of the Court from whose decree the appeal is preferred: Provided that if such party subsequently appears by a pleader, he shall state in thevakalath an address for service within the town of Ernakulam and shall give notice thereof to each party who has appeared. (3) Service at pleader's address.-If a party appears by a pleader, his address for service shall be that of his pleader, and all notices to the party shall be served on his pleader at that address. 5. Service by registered post.- The Court may direct that service of a notice of appeal or other notice or process shall be made by sending the same in a registered cover prepaid for acknowledgment and addressed to the address for service of the party to be served, which has been filed by him in the lower Court: Provided that, after a party has given notice of an address for service in accordance with rule 4, service of any notice or process shall be made at such address. 6. Notice to respondents appearing separately.- If there are several respondents, and all do not appear by the same pleader, they shall give notice of appearance to such of the other respondents as appear separately. 7. Procedure where record not translated and printed before hearing.- (1) If, upon a case being called on for hearing, by the Court, it appears that the record has not been translated or printed in accordance with the rules of Court, the Court may dismiss the appeal or may adjourn the hearing and direct the party in default to pay costs, or may make such order as it thinks fit. (2) If the Court proceeds to hear the appeal, it may refuse to read or refer to any part of the record which is not included in the printed papers. (3) When an appeal is dismissed under sub-rule (1), the appellant may apply to the Court for re-admission of the appeal; and when the Court is satisfied that there was sufficient cause for default, it shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit."-(20-1-1970). 8. Costs of application and of adjournment.- When costs are awarded, unless the Court otherwise orders, the costs of a party appearing upon any application before the Registrar or the Court shall be Rs. 15, and the costs of appearing when the appeal is in the daily cause list for final hearing and is adjourned shall be Rs. 30. At the request of any party the Registrar shall cause the order to be drawn up and the said costs to be inserted therein. Memorandum of Objections 9. (1) Copies of memo. of objections when to be filed.-If the acknowledgment mentioned in rule 22(3) of Order 41 is not filed, the respondent shall together with the Memorandum of Objections file so many copies thereof as there are parties affected thereby. (2) Prescribed fees for service.-The prescribed fees for service shall be presented together with the memorandum to the Registrar."-(9-6-1959). [Madras].-Add the following: "ORDER XLI-A Appeals to the High Court from Original Decrees of Subordinate Courts 1. The rules contained in Order 41 shall apply to appeals in the High Court of Judicature at Madras with the modifications contained in this Order. 2. (1) The memorandum of appeal shall be accompanied by twelve printed copies of the judgment, one of such copies being a certified copy, the prescribed fees for service of notice of appeal and the receipt of the accountant of the Court for the sum prescribed by the rules of Court. (2) Notwithstanding anything contained in rule 22 of Order 41 the period prescribed for entry of appearance by the respondent and filing by him of memorandum of cross objections, if any, shall, unless otherwise ordered, be thirty days from the service of notice upon him. 3. (1) If the respondent intends to appear and defend the appeal he shall, within the period specified in the notice of appeal, enter an appearance by filing in Court a memorandum of appearance. (2) If a respondent fails to enter an appearance within the time and in the manner provided by the sub-rule above, he shall not be allowed to translate or print any part of the record: Provided that a respondent may apply by petition for further time, and the Court may thereupon make such orders as it thinks fit. The application shall be supported by evidence to be given on affidavit as to the reason for the applicant's default, and notice thereof shall be given to the appellant and all parties who have entered an appearance. Unless otherwise ordered the applicant shall pay the costs of all parties appearing upon the application. 4. (1) The memorandum of appeal and memorandum of appearance shall state an address for service within the city of Madras at which service of any notice, order or process may be made on the party filing such memorandum. (2) If a party appears in person, the address for service may be within the local limits or the jurisdiction of the Court from whose decree the appeal is preferred:Provided that if such party subsequently appears by a pleader, he shall state in the vakalat an address for service within the city of Madras, and shall give notice thereof to each party who has appeared. (3) If a party appears by a pleader, his address for service shall be that of his pleader, and all notices to the party shall be served on his pleader at that address. 5. The Court may direct that service of a notice of appeal or other notice or process shall be made by sending the same in a registered cover prepaid for acknowledgment and addressed to the address for service of the party to be served which has been filed by him in the lower Court: Provided that, after a party has given notice of an address for service in accordance with rule 4, service of any notice or process shall be made at such address. 6. All notices and processes, other than a notice of appeal, shall be sufficiently served if left by a party or his pleader, or by a person employed by the pleader, or by an officer of the Court, between the hours of 11 A.M. and 6 P.M. at the address for service of the party to be served. 7. Notices which may be served by a party or his pleader under rule 6, or which are sent from the office of the Registrar may, unless the Court otherwise directs, be sent by registered post; and the time at which the notice so posted would be delivered in the ordinary course of post shall be considered as the time of service thereof and the posting thereof shall be a sufficient service. 8. If there are several respondents, and all do not appear by the same pleader, they shall give notice of appearance to such of the other respondent's as appear separately. 9. A list of all cases in which notice is to be issued to the respondent shall be affixed to the Court notice board after the case has been registered. 10. (1) If upon a case being called on for hearing by the Court, it appears that the record has not been translated and printed in accordance with the rules of the Court, the Court may hear the appeal or dismiss it, or may adjourn the hearing and direct the party in default to pay costs, or may make such orders as it thinks fit. (2) If the Court proceeds to hear the appeal, it may refuse to read or refer to any part of the record which is not included in the printed papers. 11. When costs are awarded, the costs of a party appearing upon any application before the Registrar shall be Rs. 25. At the request of any party the Registrar shall cause the order to be drawn up and the said costs to be inserted therein. (Rule 11 as amended with effect from 8-4-1964). Memorandum of Objections 12. (1) If the acknowledgment mentioned in rule 22(3) of Order 41 is not filea, she respondent shall together with the memorandum of objections file so many copies thereof as there are parties affected thereby. (2) The prescribed fees for service shall be presented together with the memorandum to the Registrar. 13. If any party or the pleader of any party to whom a memorandum of objections has been tendered has refused or neglected for three days from the date of tender to give the acknowledgment mentioned in rule 22 (3) of Order 41, the respondent may file an affidavit stating the facts and the Registrar may dispense with the service of the copies mentioned in rule 12(1). 14. Rule 31 of Order 41 shall not apply to the High Court. If a judgment is given orally a shorthand note thereof shall be taken by an officer of the Court and transcript made by him shall be signed or initialled by the Judge or Judges concurring therein after making such corrections as may be considered necessary. Order XLI-B High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Madras].-After Order 41-A, insert the following:- "ORDER XLI-B Letters Patent Appeal 1. The rules of Order 41-A shall apply, so far as may be, to appeals to the High Court of Madras under clause 15 of the Letters Patent of the said Court: Provided that it shall not be necessary to file copies of the judgment and decree appealed from. 2. Notice of the appeal shall be given in manner prescribed by Order 41-A, rule 6, or if the party to be served has appeared in person in manner prescribed by rule 5 of the said Order."