In this Order, unless there is something repugnant in the subject or context, the expression "decree" shall include a final order.
Whoever desires to appeal to the 1[Appellate Division] shall apply by petition to the Court whose decree is complained of.
(1) Every petition shall state the grounds of appeal and pay for a certificate either that, as regards amount or value and nature, the case fulfils the requirements of section 110, or that it is otherwise a fit one for appeal to the 1[Appellate Division].
(2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted.
For the purposes of pecuniary valuation, suits involving substantially the same questions for determination and decided by the same judgment may be consolidate but suits decided by separate judgments shall not be consolidate notwithstanding that they involve substantially the same questions for determination.
In the event of any dispute arising between the parties as to the amount or value of the subject-matter of the suit in the Court of first instance, or as to the amount or value of the subject-matter in dispute on appeal to the 1[Appellate Division], the Court to which a petition for a certificate is made under rule 2 may, if it thinks fit, refer such dispute for report to the Court of first instance, which last-mentioned Court shall proceed to determine such amount or value and shall return its report together with the evidence to the Court by which the reference was made.
Where such certificate is refused, the petition shall be dismissed.
Where the certificate is granted, the applicant shall, within six weeks from the date of the grant of the certificate, or such further period as the Court may upon cause shown allow except when the Government is the applicant,-
(a) furnish security in case or in Government securities for the costs of the respondent except when the Government is the applicant, and
(b) deposit the amount required to defray the expense of translating, transcribing, indexing, printing and transmitting to the 1[Appellate Division] a correct copy of the whole record of the suit, except
(1) formal documents directed to be excluded by any Rule of the 1[Appellate Division] in force for the time being;
(2) papers which the parties agree to exclude;
(3) accounts, or portions of accounts, which the officer empowered by the Court for that purpose considers unnecessary, and which the parties have not specifically asked to be included; and
(4) such other documents as the High Court Division may direct to be excluded:
Provided that the Court at the time of granting thecertificate may, after hearing any opposite party who appears, order on the ground of special hardship that some other form of security may be furnished:
Provided, further, that no adjournment shall be granted to an opposite party to context the nature of such security.
Where such security has been furnished and deposit made to the satisfaction of the Court, the Court shall-
(a) declare the appeal admitted,
(b) give notice thereof to the respondent,
(c) transmit to the 1[Appellate Division] under the seal of the Court a correct copy of the said record, except as aforesaid, and
(d) give to either one or more authenticated copies of any of the papers in the suit on his applying therefor and paying the reasonable expenses incurred in preparing them.
At any time before the admission of the appeal the Court may, upon cause shown, revoke the acceptance of any such security, and make further directions thereon.
Nothing in these rules requiring any notice to be served on or given to an opposite party or respondent shall be deemed to require any notice to be served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree is complained of or at any proceedings subsequent to the decree of that Court:
Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same in some conspicuous place in the Court-house of the Judge of the District in which the suit was originally brought, and by publication in such newspapers as the Court may direct.]
Where at any time after the admission of an appeal but before the transmission of the copy of the record, except as aforesaid, to the 1[Appellate Division], such security appears inadequate,
or further payment is required for the purpose of translating, transcribing, printing, indexing or transmitting the copy of the record, except as aforesaid,
the Court may order the appellant to furnish, within a time to be fixed by the court, other and sufficient security, or to make, within like time, the required payment.
Where the appellant fails to comply with such order, the proceedings shall be stayed,
and the appeal shall not proceed without an order in this behalf of the 1[Appellate Division],
and in the meantime execution of the decree appealed from shall not be stayed.
When the copy of the record, except as aforesaid, has been transmitted to the 1[Appellate Division], the appellant may obtain a refund of the balance (if any) of the amount which he has deposited under rule 7.
(1) Notwithstanding the grant of a certificate for the admission of any appeal, the decree appealed from shall be unconditionally executed, unless the Court otherwise directs.
(2) The Court may, if it thinks fit, on special cause shown by any party interested in the suit, or otherwise appearing to the Court,-
(a) impound any moveable property in dispute or any part thereof, or
(b) allow the decree appealed from to be executed, taking such security from the respondent as the Court thinks fit for the due performance of any order which the 1[Appellate Division] may make on the appeal, or
(c) stay the execution of the decree appealed from, taking such security from the appellant as the Court thinks fit for the due performance of the decree appealed from, or of any order which 1[Appellate Division] may make on the appeal, or
(d) place any party seeking the assistance of the Court under such conditions or give such other direction respecting the subject-matter of the appeal, as it thinks fit, by the appointment of a receiver or otherwise.
(1) Where at any time during the pendency of the appeal the security furnished by either party appears inadequate, the Court may, on the application of the other party, require further security.
(2) In default of such further security being furnished as required by the Court,-
(a) if the original security was furnished by the appellant, the Court may, on the application of the respondent, excuse the decree appealed from as if the appellant had furnished no such security;
(b) if the original security was furnished by the respondent, the Court shall, so far as may be practicable, stay the further execution of the decree, and restore the parties to the position in which they respectively were when the security which appears inadequate was furnished, or give such direction respecting the subject-matter of appeal as it thinks fit.
(1) Whoever desires to obtain execution of any order of the 1[Appellate Division] shall apply by petition, accompanied by a certified copy of the decree passed or order made in appeal and sought to be executed, to the Court from which the appeal to the 1[Appellate Division] was preferred.
(2) Such Court shall transmit the order of the 1[Appellate Division] to the Court which passed the first decree appealed from, or to such other Court as the 1[Appellate Division] by such order may direct, and shall (upon the application of either party) give such directions as may be required for the execution of the same; and the Court to which the said order is so transmitted shall execute it accordingly, in the manner and according to the provisions applicable to the execution of its original decrees.
(3) When any monies expressed to be payable in British Currency are payable in Bangladesh under such order, the amount so payable shall be estimated according to the rate of exchange for the time being fixed at the date of the making of the order for the adjustment of financial transactions between the Government and His Majesty's Government in the United Kingdom.
(4) Unless the 1[Appellate Division] is pleased otherwise to direct, no order of the 1[Appellate Division] shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court, but such order shall have the same force and effect as if it had been made before the death took place.
The orders made by the Court which executes the order of the 1[Appellate Division], relating to such execution, shall be appealable in the same manner and subject to the same rules as the orders of such Court relating to the execution of its own decrees.
[Omitted by the Federal Court Act, 1941 (Act No. XXI of 1941), section 2.]