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Final Hearing

• On the day fixed for final hearing, the arguments shall take place.
• The arguments should strictly be confined to the issues framed.
• Before the final Arguments, the parties with the permission of Court, can amend their pleadings.
• Whatever is not contained in the pleadings, the court may refuse to listen.
• Finally, the court shall pass a "final Order", either on the day of hearing itself, or some other day fixed by the court.

Certified Copy Of Order

• Certified copy of order, mean, the final order of court, and having the seal and stamp of court.
• Certified copy of useful, in case of execution of the order, or in case of Appeal.
• Certified copy can be applied by making an application to the Registry of concerned Court, alongwith nominal fees for the order.
• In case of "urgent requirement some additional amount has to be deposited.
• "Urgent order" can be obtained within a week, and the normal might take 15 days.

Appeal, Reference And Review

When an order is passed against a party to the suit, it is not that it has no further remedy.

Such party can further initiate the proceedings, by way of:
- Appeal,
- Reference, or
- Review.

In brief, the technicalities and difference between these are as follows:

Appeal Appeal From Original Decrees

(Sec. 96) - In general, an appeal lies from any decree passed by the court.
(Sec. 96) In cases, where the value of suit does not exceed Rs.10, 000 An appeal can be filed only on a question of law.
(Sec. 96) When a decree has been passed against the Defendant as "Ex-Parte", i.e. without his appearance, no appeal is allowed.
(Sec. 96)When an appeal is headed by two or more judges, then the majority decision shall prevail.

In case there is no majority, then the decree of lower court shall be confirmed.

In case, the number of judges in the court, where appeal is filed is more, than the number of judges hearing the appeal, then if there is a dispute on a point of law, such dispute can be referred to one or more judges.

Procedure For Appeal From Original Decrees (Order 41)

• The appeal shall be filed in the form prescribed, singed by the appellant, alongwith a true certified copy of the order.
• The appeal shall contain the grounds of objection under distinct heads, and such grounds shall be numbered consecutively.
• If the appeal is against a decree for payment of money, the court may require the appellant to deposit the disputed amount or furnish any other security.
• A ground / objection which has not been mentioned in the appeal, cannot be taken up for arguments, without the permission of court.
• Similarly any point of act which was not taken up y the Appellant, in lower court, cannot be taken up in appeal lies only against only those points which have been decided by the court rightly or wrongly.

Limitation

• For every appeal, there is a limited period, within which appeal should be filed. Such a limitation is provided under the Limitation Act, 1963.
• For appeal, in case of a decree passed by lower court in civil suit, the limitation is:
  • Appeal to High Court - 90 days from the date of decree Or order.
  • Appeal to any other court - 30 days from the date of Decree or order.
• In case there are more than one plaintiffs or defendants, then any one of them can file on appeal against all of them respectively.
• Merely because an appeal is filed, does not mean that the order or decree of lower court is stayed. In case of temporary stay of decree or order, it has to be specifically asked, and stay will operate only if court grants it.
• In case of execution of decree, the court, which passed the decree, can itself stay the execution for time being on sufficient reasons shown.
• The court may require the appellant to deposit some sort of security.
• The appellate court may, on the day fixed for hearing the appellant dismiss the appeal, or issue notice to the opposite party to appear on next day.
• If on the first day of hearing, appellate court issues summons to the opposite party, then :
  • It shall fix a date for next hearing, and such date shall be published in the court house.
  • Notice shall also be sent to the lower court, whose decree or order has been appealed.
  • To appellant is required to file " Process Fee " which is very nominal in amount, and on such filing, the notice shall also be sent to opposite party.
  • In case of appeal, the one who files the appeal is known as appellant, and against whom it is filed, is known as "Respondent".