(1) When an appeal is presented after the expiry of the period of limitation specified therefore, it shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient cause for not preferring the appeal within such period.
(2) If the Court sees no reason to reject the application without the issue of a notice to the respondent, notice hereof shall be issued to the respondent and the matter shall be finally decided by the Court before it proceeds to deal with the appeal under rule 11 or rule 13, as the case may be.
(3) Where an application has been made under sub-rule (1), the Court shall not make an order for the stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does not, after hearing under rule 11, decide to hear the appeal.
Order XLI Rule 1 CPC Form of appeal. What to accompany memorandum
Order XLI Rule 2 CPC Grounds which may be taken in appeal
Order XLI Rule 3 CPC Rejection or amendment of memorandum
Order XLI Rule 3A CPC Application for condonation of delay
Order XLI Rule 5 CPC Stay by Appellate Court
Order XLI Rule 6 CPC Security in case of order for execution of decree appealed from
Order XLI Rule 8 CPC Exercise of powers in appeal from order made in execution of decree
Order XLI Rule 9 CPC Registry of memorandum of appeal
Order XLI Rule 10 CPC Appellate Court may require appellant to furnish security for costs