Regular Appeals, Madras Act 1855, 9 of 1855, (Rep., Act 10 of 1861)

Section XII. 1.f any party to a regular suit be desirous of being admitted to apped _

Repealed or not in force · As amended up to 2026-08

XII. 1.f any party to a regular suit be desirous of being admitted to apped in fwml appeal in form& pauperis to the Sudder Court, the follow- pauperzs. i11g procedure shall be adopted :- The a~p'ellant shall present his petition to the lower Court according to the rules prescribed by Section I. of this Act, podded that a petition to appeal in fomdpauperis against any decision passed before this Act shall come into operation mag be presented within three months from the day Clause 1st. Petition when to be presented. Proviso. of the decisian. Clause 2nd. Petitions of appeal by partie3 desir~us to appeal in jormd pauperis shall contain a statement to that effect, and also a of petition. Schedule of the whole real and personal property belonging to the petitioner, and the estimated value of such property, and shall be written on paper bearing the stamp duty of two rupees per sheet. CZause 3rd. Upon the presentation of such petition, the notice to and the respondent and the proclaination shall state that the appellant desires to appeal informdpatyois, Form of petition. ing to the petitioner, and the estimated value of such property, and shall be written on paper bearing the stamp duty of two rupees per sheet. Notice thereof and proclamation. Clause 4th. On arrival of tllc appeal record at the Sudder Court, the saille procedure shall be adopted in that Court as in other cases ;f regulw appeal, except that, after the filing of the grounds of ol~jectic~~ by the appcllailt, and befor? notice bc sllall bc given requiring the reallandent to file his grounds of ol~jcction, the Suclclcr Court shall d~!e;l-~:?iuc. ;tccurdiug *~rocedure on sue11 aly~eal. When Sndder Court is to deterlllille wheuler npllenl bc ill `fo1.11td` po,trper.is. , I I `it` 1% ta B `8` @ (2 `h` [% '& ACT No.. IX. OF 1855. to the rules now applicable to the determination of such cases, whether or not the appellant shall be allowed to appeal infornad pauperis. C2ause 5th. If the Sudder Coul't allow thg petitioner to appeal in Notice to respondent [fo~md pauperis, ][notice shall be given to the respondent ] to file objections to to file his grounds of objection in the manner provided pauper appeals. by Section VI. of this Act, and the same procedure shall Rules of Suddcr as[be adopted subsequently thereto as in other cases of ] `to` pauper a peals to regular appeal under this Act. The rules and conditions continue in &me, ex- cept where inconsis2 . now applicable to persons admitted by the Sudder Court tent with this Act. to appeal in formdpauperis shall continue in force, excepb where the same are inconsistent with any of the provisions of this Act. Clause 6th. If the Sudder Court refuse to allow the petitioner to appeal in forrnd pauperis, the said Court may make an made upon refusal to order order may be order to the effect that the appellant, upon filing a peti. allom informa tion of-appeal in that Court upon paper bearing the paupcr,s. stamp duty prescribed by Section AIII., and Clause 2 Section XXIIT., Regulation XIII. of 1816, and upon re-filing his grounds of objection on paper bearing the stamp duty prescribed by Section XIX. and Clause 2, Sect:lon XXIIL. of 2he same Reguiation, may proceed with the appeal according to the rules prescribed by this Act in the case of persons not appealing as paupers. made upon refusal to order order may be allom informa paupcr,s. Clause 7th. Upon such order being made, the appellant shall file his petition, and re-file his objections upon paper stamped Ap~Uanthow rOwith the stamp duty required by Clause 6th of this Setceed upon such orcfer. tiob,'within two wceks 'from the date of such order, or within such further time as the said Court may allow for that purpose; othcrwise the appeal shall stand dismissed. Clause 8,th. Upon the re-filing of the grounds of objection according to the provisions of the last preceding Clause, notice of the ivcn to respon?ent.. Of Order tobe order and of the re-filing of such objections shall be given bubsequent ~rocedwe to the respondent in the manner prescribed by Section thereon. VI, of this Act, and the respondent .s.hall be required to file his grounds of objectiol~,, if any, accorcling to the provisions of that Section. The probedur& subsequent to such notice shall be according to the . %$ general provisions of this-.Act. * ~ Clause 9th. If

Source: India Code