(1) 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.
(2) 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.
(3) The notice to be served on the respondent shall be accompanied by a copy of the memorandum of appeal.
(4) 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.
(5) Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.
Order XLI Rule 11 CPC Power to dismiss appeal without sending notice to Lower Court
Order XLI Rule 11A CPC Time within which hearing under rule 11 should be concluded
Order XLI Rule 12 CPC Day for hearing appeal
Order XLI Rule 14 CPC Publication and service or notice or day for hearing appeal
Order XLI Rule 16 CPC Right to begin
Order XLI Rule 17 CPC Dismissal of appeal for appellant’s default
Order XLI Rule 19 CPC Re-admission of appeal dismissed for default
Order XLI Rule 21 CPC Re-hearing on application of respondent against whom ex parte decree made
Order XLI Rule 23 CPC Remand of case by Appellate Court
Order XLI Rule 23A CPC Remand in other cases
Order XLI Rule 24 CPC Where evidence on record sufficient Appellate Court may determine case finally