 The same platform we have Mr. Shankar Murali as they say in Hindi, you have an icing on the cake to the effect that you get a combination of knowledge being shared from a speaker who stations are doing well. And we have the legal groups believed in sharing the knowledge and with the flux of time they have grown not only down from south but they have gained the presence span India. And the topic for today as you all know is the jurisdiction of the applet court under the civil courts. And we all know that there are different perspectives under the civil law. We have also shared the sub agenda which Mr. Shankar has kindly conceded to share his knowledge on these perspectives. Sir, as a common man or a lawyer we feel that the scope of interference in an appeal is very limited and to the effect in case wherein there are certain evidence which could not have been shown. What is the legal journey under the additional evidence application when we move on to order 41 rule 47. In what cases the cases can be remanded back. What cases are such wherein this additional evidence will be admissible. And what application has to be moved in case of dismiss for default, whether it will be under order nine or whether it will be under order 41. These are certain broader contours which are expert. The day for today Mr. Shankar Muly will speak those who have been connected with us as well as legal light. They all know that the knowledge being shared with memory has been well received pan India and rather when we see to the statistics from the Google we also find a lot of participants are from Sri Lanka, Pakistan and a few more countries. So that gives a some moment of pride to the fact that people are accepting the knowledge which we are being shared on this platform. Before we request Mr. Muly, I will request Ali Lakshmi ma'am who is recovering after the, I've been told that after the injection she had certain bout and in respect of the covert problems. Welcome and same with Mr. Muly. So two things are there that the positivity is that you can fight back and bounce back and can share the knowledge. But at the same time it is an abundant caution that we should always be cautious. At the end of the session we will ask them what was their legal journey of course we have been talking about but then at the end we will have a snippet as to what are the testing times during these testing periods of being tested positive. And all we have to move forward but as they say in the law first things first, first things should be decimated in the first bright perspective. Over to you Ali Lakshmi ma'am and welcome to see you on this platform after a long time and more so once you have bounced back and which is as they say personified both of you that you can bounce back. They say that you can be down but you cannot be out. Over to you ma'am. Thank you so much Vikas. Thank you for time and again inviting legally to your platform of beyond CLC. This immense pleasure that in fact it is so heartening to see our beloved Shankar Muly sir. We all have been praying for his recovery and today is bouncing back on both of our platforms on a very important topic as you already told and knowledge cannot be stopped. And our sir, it is excellent that he's back with us and we have all come in, in spite of our schedules and tomorrow being one of the celebration day, tomorrow and day after, as Telugu and Tamil New Year's Day down south. In spite of shopping so many of women also have joined in today. We welcome you back sir Shankar Muly sir on behalf of both the platforms and Haritha for helping sir to come back to us. Sir has literally fought out the COVID-19 situation and gave us lots of clue and that's how we all went for the vaccination right. And one thing happened to me I couldn't tolerate the vaccination maybe because a pulmonologist wife fighting with COVID so maybe that had taken a little toll of my but I'm back today here in this platform so happy. Thank you Vikas for connecting us time and again we are very happy to come to your platform whenever we are called in sir the floor is all yours we are eagerly waiting. Thank you sir thank you so much welcome Shankar Muly sir welcome Vikas welcome every one of you have joined in this platform. My recovery is very fast doctors wonder because my intention is to give lecture again on this platform that is my recovery very fast. And when because the conducted me to give lecture on this topic the powers of the appellate code and I have to I informed him that sir I have to cover order 41 rule 12 order 41 to rule 30 sir. But he informed me sir please try to finish your lecture within one within an hour so it is highly possible but anyhow I will try my level best to complete my lecture within the short span of time or I have to play that by Vikas. No sir that was not the issue. My request was that you could split it into two parts rather than condensing so much I would rather say that we can have on two parts rather than condensing. But sometimes two hours as she said that tomorrow is a shopping day out here we have a Vizaki so keeping in view. I will try to minimize my lecture. Let it be. Now the today's topic is the powers of the appellate code. Order 41 rule 12 order 41 to rule 37 covers the speed. Normally you are all aware who has to sign the points whether it is by the pointy or obligate or by both. The answer is under order 6 rule 14 the pointy must sign and if he engage in any freedom he has to sign so both the pointy and obligated if any have to sign the point under order 6 rule 14. But in the case of appeal under order 41 rule 1 anyone of the grounds of appeal may be signed by the appellate or by his obligate. Both of them need not sign. Even the appellate need not sign the grounds of appeal. If the advocate sign it is enough or advocate not sign if the appellate sign it's enough so that is order 41 rule 1. Now the grounds suppose 70 degree is passed by the court of first instance the agreeable party has to find an appeal. In the appeal what he has to state he has to state the grounds of objection to the degree appeal to the degree appeal. Now previously the grounds of appeal must be accompanied by accompanied with the certified copy of the degree. Now after noticing the cumbersome process in getting the certified copy of the degree because it will take some months together. So now the amendment has been made under the act 46 of 1999 and with the effect from 17 2002 the grounds of appeal must accompany the judgment. You can easily get the judgment because drafting the degree it's a cumbersome process you have to file your cost list and it will take minimum of one month to draft the degree. Now you need not file degree just you can file the you can produce in a judgment copy and file over an appeal after this amendment which came into force with the effect from 17 2002. When more than two or more suits have been filed together and a common judgment is delivered then when the appeal is filed the court can dispense with the production of the judgment copy. One judgment copy is enough. Now the your Punjab and Haryana High Court has made some amendment. The Chandigarh administration they said dated 1 by 1975 even the judgment copy, certificate copy of the judgment is not necessary if it is signed by the advocate that it is true copy it is enough to file appeal. This is Punjab and Haryana amendment and I would like to emphasize one point. We are filing of an appeal whether it amounts to state it is not so. We are filing of a we are filing of an appeal would not amount to stay of execution of the degree. This is 2009 14 SCC state 663 in the Chenjain versus Muthila in the Chenjain versus Muthila. Yes, and the majority grounds of objection when you file when you prepare an appeal and further the filing of an appeal is just statutory rights. Is here statutory rights conferred on the appellate under the statute. But it is in the case of second appeal it is not a matter of fact. Second appeal can only be updated when there is a substantial question of law. Otherwise the high court by exercising its power under section 100 of CPC can dismiss the second appeal on the ground it does not involve any substantial question of law. But the point is here whether immediately after the filing of the appeal the appellate court has got power without ordering notice to the respondent to dismiss the appeal on merits at the admission stage itself. Then I will go into the relevant provision. Now, let us see what are all the grounds of objection. The grounds of objections must be. It must arise from pleadings and evidence. It must arise from pleading and evidence. Here you are 1966 Supreme Court page 107. The appellate cannot be duly which are not at all set up in the trial court. The appellate cannot introduce any new pleads which are not at all set up in the trial court. Here you are 1967 Supreme Court page 152. 1963 Supreme Court page 1193. This is MP Sri Vachar Varsaswena. And suppose the appellate has abandoned his legal rights before the trial court. He cannot say before the appellate court by way of raising it as an objection because some legal rights are conferred on the particular party. Once they are abandoned or waived it cannot be a ground of appeal because you are already abandoned and waived your rights. This is here you are 1964 Supreme Court page 152. New Marine Coal Company versus Union of India. 1964 Supreme Court page 152. New Marine Coal Company versus Union of India. And whether additional grounds can be filed when it involves the plea of law or the questions which are already raised but not raised but not answered by the trial court. Then for that purpose you can file additional grounds of appeal that is additional grounds of objection. Yes. Haritha, one second. Haritha, voice is not clear or not? No, sir. Another important is other party one, rule 3A. You are all aware that when you want to file an application beyond the period of limitation prescribed under the limitation, you can take recourse under section 5 of the limitation and file an application to condone the delay. But when you put forward an appeal and the appeal is filed beyond the period of limitation prescribed under the limitation, you need not file an application under section 5 of the limitation to condone the delay in preparing the appeal because under order 41, rule 3A, the appellate court itself has got power to condone the delay in filing the appeal. Here the point is to file an appeal, there are some delay to file an application under order 41, rule 3A to condone the delay. The point is whether the pending application to condone the delay whether the appellate court has got power to grant stay of execution of the delay. Normally no court would do to grant stay of execution of the delay pending the application filed to condone the delay. Here under order 41, rule 3A, three grounds are set off. One is when the appeal is prepared beyond the period of limitation, you must take the delay and the reason for such delay. Then when the court considers that there are some tribal issues, it may proceed to hear the appeal. Under those circumstances, the court can grant stay of execution of the degree pending the application filed to condone the delay. Under order 41, rule 3A. But normally filing of an appeal would not amount to stay of execution of the degree. But the pending application to condone the delay, the appellate court has got power to grant stay of execution of the degree provided it must be satisfied with there are some tribal issues and it has decided to proceed with the appeal only under those circumstances the appellate court has got power to grant stay of execution of the degree. This is year 1974 Madras page 220. 1974 Madras page 220. Another important provision is rule 4. When more than 120 were defendants, if they suffered by the degree, any one of them can file an appeal and obtain reversal of whole degree provided when the grounds are common. When the degree is inconsistent, two separate degrees, one is in favor of the plaintiff, another one apart of the degree is in favor of the defendant, then this provision will not apply. When the grounds are common, then when there are more than one plaintiff or defendant, any one of them may file an appeal and obtain a reversal degree and it will bind all. Another one is stay. Stay of execution of the degree. This is rule 5. This is rule 5. Stay of execution of the degree can be granted but suppose there are two kinds. Suppose you filed, suppose a student has been filed for recovery of possession. If the student is degree, it is an executable degree. So the defendant will be suffered if the degree is allowed to be executed. So he can very well file an application under order 41.5 seeking the appellate code to grant stay of execution of the degree. Suppose a suit is for permanent indentation. So it can be executed for disobedience of the order. Suppose the suit is filed for permanent indentation. Suppose the suit is filed for permanent indentation, the suit is dismissed. So the plaintiff has to prefer an appeal. It is not an executable degree for which he can very well ask for an order of infim indentation again under order 39 rule 2. Under order 39 rule 1 and 2. So appellate code has got power to grant stay of execution of the degree under order 41.5. Then power is also got put on the court of first instance. The court which passed the degree, if the filing of an appeal within the time allowed, within the period of limitation is not in a position to get the certificate copy of the detriment of the degree. He can very well file an application under order 41.5. So before the file code or the code which passed the degree to stay the execution of the degree. Then third ground, when you stay of execution of degree can be granted, substantial loss may result in and the appeal is filed without any unreasonable delay. And the court may insist directly the appellate to permit security for the due performance of the degree in case the appeal is dismissed. So these are all three grounds to grant the stay of execution of the degree. In the case of money degree, court may direct the appellate to permit security or to deposit the amount which are distributed by the appellate. And regarding the cost under the rule 41.10, the court may direct the appellate to permit security for the cost. And another one coming to this very important provision, order 41.11. Order 41.11. Now, normally the high court, if any appeal is filed before the first appeal is filed before the high court, high court may dismiss the appeal on marriage at the admission stage itself. Whether such power can be exercised by the subordinate court. So provision of order 41 is applicable to subordinate court and as well as to the court. Under order 41.11. When the delay is fixed for the hearing, when the appellate appears and after hearing, if the court is not satisfied, then it can dismiss the appeal on marriage. Because I'm going to say order 41.11. That is entirely different on different, it's on another different footing. Here see whether the court has got power to dismiss the appeal at the admission stage. Yes, it has got power under order 41.11. The power to dismiss the appeal on admission. When an appeal is raising triable issues, then the court should not dismiss the appeal on marriage. 1973, 3 SCC, page 746. At the admission stage itself, either the court has to dismiss the appeal on marriage or when tribal issues are to be here, then it can post the agenda case for hearing of the appeal under order notice to the respondent. But at the same time, at the admission stage, the appellate court has no power to reject the appeal in part and allow the appeal in part. So appeal can be admitted wholly or rejected wholly. 1982, 1 SCC, page 433. 1982, 1 SCC, page 433. Ramji, Mahala versus Krishna Rao. The advocate practicing before the right court is well aware, once the appeal is admitted, notice can be ordered to the respondent or the court may direct the notice we served on the down till appearing for the respondent before the somebody before. That is order 41, room 14. And coming to the next point, order 41, room 17. Appeal preferred, notice ordered to the respondent, respondent appeared. Then the appeal is posted in the list. When the appeal is posted on the posted in the list, it was called, the appellate did not appear. There is no representation, appellate went unrepresented. His counsel did not appear. Then the appellate court adjourned the case for the argument of appellate, first attempt of the appeal is posted. On the date also, the appellate did not appear and his down till did not represent. Again the appellate court adjourned the case, second time and third time. But in all these occasions, the respondent was present and the respondent counsel was ready to argue the case. On third occasion, as usual, the appellate did not appear and he went unrepresented. His counsel did not come. The respondent argued the case, whether the appellate court has got power to dismiss the appeal onwards. At the admission stage itself, appellate court has got power to dismiss the appeal on merits, if it is not satisfied with the grounds of objection priced by the appellate. But here, once appeal is admitted and notice was ordered and when the respondent entered appearance through his counsel, when the appeal was posted for hearing, on appellate default, the only remedy, the only way open to the appellate court is to dismiss the appeal for default. It has no power to dismiss the appeal on merits after hearing the argument of the respondent. So please, most of the civil practicing advocates are not aware of this. Please keep it in mind. On appellate default, even after hearing the respondent counsel, the court has no power to dismiss the appeal on merits. It can only dismiss the appeal for default. This is Navan Nirmal Development Consultants Private Limited versus District 4 Complex Pune 2017-08 ACC-603-2017-08 ACC-08-603. All right, appeal is dismissed for default. And what is the remedy available to the appellate? Appellate can invoke order 41-19. It can file an application to readmit the appeal. But most of the advocate used to find this application for restoration of the appeal. Restoration is applicable only in the case of clients. If a suit is dismissed for default, we can file an application to restore the suit which was dismissed for default. But in the case of appeal, the word employed is to readmit the appeal which was dismissed for default under order 41-19. Assuming for a moment, the appellate present is counsel is present. Is ready to or be the case? But the respondent under his counsel not under. Then what is the remedy? The court can hear the appeal ex-party. The court can hear the appeal ex-party. Then subsequently, if any application is taken out by the respondent to rehear the appeal, then it has to be allowed under order 41-20. So, when the appellate on appellate default, the only way is to dismiss the appeal for defaults. On respondent default, the appellate court can proceed to hear the appeal ex-party. In any case, if any application is taken out by the appellate to readmit the appeal and rehear the appeal, the same has to be allowed provided subject to the satisfaction of the court. He must state the reasonable cost for not appearing on the particular date. So, please keep it with me. Re-admission of the appeal which was dismissed for default. Rehearing of the appeal which was here ex-party. Order 19, rule 21. Under order 41, rule 17, the appellate court has no power to dismiss the appeal on merits on appellate default. The only way is to dismiss the appeal for defaults. Then, appeal is preferred. Say for example, by the plaintiff who has afforded a degree filed an appeal. It means the degree is totally in favor of the defendant respondent. But some of the issues, some of the filing in the issues is against the respondent. So, suit is dismissed. It is in favor of the defendant. Appeal is a respondent. Suppose anyone of the filing in the issue is against the respondent, he can file a cross-adjection. He can file a cross-adjection under order 41, rule 22. Then, between one month from the date of service of someone, either on him or on his counsel. Suppose, when there are so many prayers, major prayers are dismissed as against the plaintiff. Anyone of the prayer is negative. Then, as against a prayer which are negative, the party agreed can file cross appeal. So, as against the finding in the issue, which is against the party concerned, he can file a cross-adjection or cross appeal. Suppose once cross appeal or cross-adjection is filed, nevertheless the appeal is dismissed or withdrawn, it will proceed. The cross-adject as in the case of the set-up and counter-client, even if the appeal is withdrawn or the appeal is dismissed for default, the cross-adjection and cross-adjection will be filed by the appellate court. The cross-adjection and cross-appel, it must be as in the grounds of appeal, as contemplated under order 41, rule 1 of CPC. And another part, remand. What are all the grounds open to the appellate court to remand the matter to the court of questions? Now, let us see for one by one. There are three grounds which enables the appellate court to remand the matter to the trial court. That is order 41, rule 23. And the order 43, 41, rule 24. And the order 41, rule 25. Under order 41, rule 23. When the trial court or court of questions disposed of the suit on the preliminary point or dismissed the suit on the preliminary point, then the preliminary point, if it is reversed by the appellate court, then the appellate court can remand the matter with the direction to the trial court to frame issues and record evidence if any and pass order on the evidence. When a remand is available, then the trial court dismisses the suit on any one of the preliminary issue. Suppose normally before the 1976 amendment, the court is bound to frame all issues and bound to answer all the issues. But the amendment was made in 1976. Order 41, order 14, rule 2. Court can frame a preliminary issue provided the preliminary issue must be relating to the jurisdiction of the court or bar created by any statute. Pure question of law relating to jurisdiction under the bar created by any statute boosting the jurisdiction of the court. These are all the two grounds which enables the trial court to frame a preliminary issue. Once the preliminary issue answered in affirmative, the court need not to answer the other issues. The suit can be dismissed, the suit can be disposed off. Suppose the court comes to a conclusion that it has no jurisdiction at all and it dismisses the suit. Then until file, the appellate court finds that the court has called jurisdiction. The dismissal of the suit for want of jurisdiction is culpably wrong. Then it can remand the matter to the trial court directing the trial court to frame necessary issues and record evidence if any and proceed with the case as per the directions of the appellate court. This is one ground for remand. Another, the case is not disposed dismissed by the trial court on the preliminary point. It answered all the issues and they eventually dismissed the suit. The appellate court has got power to re-appreciate the evidence. Whether it was properly appreciated by the trial court, evidence in the sense of both oral and documentary evidence. It can re-appreciate and ultimately the appellate court finds that re-trial is necessary. If re-trial is necessary or de-nova trial is necessary, then it can remand the matter to the trial court in a direction to conduct a de-nova trial. Under the court can, so this is second ground to remand. And third one is order 41 rule 25. Suppose any issues which are remain are not framed by the trial court. The appellate court may frame issues. After framing the issues, it may refer the matter to the trial court for taking evidence on the issues framed by the appellate court and record the findings and with the direction to return the same to the appellate court. This is third ground to remand. This is order 41 rule 25. Order 41 rule 23, if the order of remand is made, it is an appealable one. But the order of remand is made under 41 rule 25, it is not an appealable order. Then what is the remedy? The remedy is to find revision, the party height code. So when the trial court dismisses the suit on the preliminary point, remand can be made by the appellate court. When the appellate court thought it fits, retrial is necessary. It can remand the matter to the trial court. When the appellate court framed the necessary issues and referred the matter to the trial court with a direction to take evidence and record the findings with a further direction to return it to the appellate court to determine the appeal. So these are all three grounds available to the appellate court to pass an order of remand. And you please keep it in mind. Once an order of remand is made, the entire court fee affixed on the appeal shall be returned by the appellate court to the appellate. It can be 69 or beyond. So the distinction between order 41 rule 23, order 41 rule 24 and order 41 rule 25 is elaborately discussed by our apex court. In the case reported in Balaji Singh versus Divakar 2017 over ACC page 207. Balaji Singh versus Divakar 2017 over ACC page 207. Now next to the reception of additional evidence by the appellate court. Order 41 rule 27. Order 41 rule 27. You have got an ample opportunity to produce a document before the trial court. If the document is filed before the trial court and it is refused by the appellate court, then you can file an application. Order 41 rule 27 before the appellate court for the reception of the document which was already rejected by the trial court. Number two. The document now sought to be received as additional evidence before the appellate court is not available or not in the custody of the appellate. And due care and diligence, he is able to secure the same. Then it is another ground to receive the additional evidence in the appellate stage. Then third one. The appellate court itself considers or requires that the document sought to be mauled is necessary for substantial cost to pronounce judgment. Then those documents can be received in the evidence. So these are all three loans which enable the appellate court to receive additional evidence. When the document was filed before the trial court and it was rejected, then the document sought to be mauled was not available at the time of trial. And with due care and diligence, it was secured by the appellate and it can be received. And in the interest of justice to do complete justice between the parties, if the document is required by the appellate court itself, then it is rule 25. It was mistakenly order 41 rule 25. So under order 41 rule 27, once the additional evidence is received, order 41 rule 25 we can see once the issues are framed, court can refer the matter to the trial court, court can refer the matter to the trial court, to the direction to take evidence and record the same and return it to the appellate court. Under order 41 rule 27, when the additional evidences are received by the appellate court, then the appellate court itself has got power to allow the evidence to receive the document examined evidence. This is 2008 ACC page 511. 2008 ACC page 511. North Eastern Railway Administration versus Bhagavan Das. North Eastern Railway Administration versus Bhagavan Das. 2008 ACC page 511. Suppose application is filed under order 41 rule 27. Is it incumbent or it is mandatory on the part of the appellate court to dispose the application filed under order 41 rule 27 before deciding the appeal? It is not true. Once an application is filed under order 41 rule 27, the court has got power to decide the same along with the appeal. Furthermore, no separate order is necessary in the application filed under order 41 rule 27. The reason may be embodied in the appellate judgment. Once an order 41 rule 27 is filed, it can be tried along with the appeal. 2008 12 ACC page 739. East and Acupments and Sales Limited versus ING, Kiosk, Aya, Kannada. 2008 12 ACC page 739. And the Aya 2012 Madras page 269. A Swarnam versus N. Salwaraj. N. Swarnam versus N. Salwaraj. And the work for the additional evidence can be received. Please make it very clear. Additional evidence can only be received by the appellate court not to fill up the lacuna. But to remove the lacuna, it can be received in a year. 2012 8 ACC page 148. Union of India versus Ibrahim Bin. So, when it can be received, to remove the lacuna and not to fill up the lacuna. 2012 8 ACC page 148. Union of India versus Ibrahim Bin. Now additional evidence are received under order 41 rule 27. And work on the mode of taking evidence. This is order 41 rule 28. The appellate court by its own received evidence, not the document and the examinee witness. Or it can directly be somebody made court to receive mark on the examinee witness. So, order 41 rule 28. Empowers the appellate court to receive mark, evidence and examinee witness if necessary. Or it is for the appellate court to directly somebody made court to receive, but since it is received to mark the document and examine any witness if necessary. This is 2009 8 ACC page 231. Khachibi, Beda Riyasatthar versus Sivarsantara. 2009 8 ACC page 231. By after crossing all this barrier. Now the argument is about to be pronounced. Then it must contain the points for determination. Decision there are. Reason for the decision that is ratio decision. If the appeal is reversed or varied. Then the judgment must state the relief to which the appellate is entitled. Normally the trial code will claim issues and answer the issues. But the appellate court need not answer whether the issues already framed by the court and answers there are is correct or not. Because under order 41 rule 5. Both the trial code and the appellate court has that power. Preparation issues. Analyze the issues already framed. Reverse the issues. Recast the issues. So the trial in the appellate court. The appellate court can frame issues. It may rise to the level of the court. Can frame issues. It may raise points for determination. It may raise point for determination. And it must take the decision there are. That is the decision on the points raised. And also the reason for the decision. If the appeal is reversed. Then it must take the relief which are to which the appellate is entitled. So this is the contents of the appellate judgment. Order 41 rule 31. Last but not least. This order 41 rule 33. Power of court of appeal. Power of court of appeal. Appeal 5. But the respondent filed to file cross objection or cross appeal. Filed to file cross appeal or cross objection. Even in the options of cross appeal and cross objection. On failure of the respondent to file the same. The appellate court has not power to file any order. Even in the options of cross appeal or cross objection. This is to do complete justice between the parties. I will give one illustration. Suppose A filed a suit for recovery of money against B and C. The suit was decreed against B and dismissed as against C. So normally C would not file appeal. The agreed party is B. Then he filed an appeal. He filed an appeal. In the appeal the court finds that the B is not liable to pay any. So the appeal is allowed. But at the same time the appellate court has got power to pass a degree. As against C. This is the nicety of the powers of the appellate court. Conflict of the appellate court order 41 rule 33. So Prakalath v. state of Magarastra. 2010. 10 ACC. Page 450 X. And another one is 2009. 2 ACC. Page 673. C. Chalyanathan. P. Narayana. P. Narayana. The powers of the appellate court. The power under order 41 rule 33 is enabling the appellate court to pass any kind of order even in the options of cross appeal or cross objection. In order to meet out the ends of the street to complete justice between the parties. Or 41 rule 33. Again from order 41 rule 1. You need not file certificate copy of the degree to file certificate copy of the gentleman. It is enough to file an appeal. But in the state of Panjab and Narayana, if the advocate certifies that it is true copy of the gentleman has correct, it is correct. It is enough to file an appeal. File an appeal. And the delay condominium need not be sectioned by application because order 41 rule 3 is there to condone the delay in filing the appeal, preparing the appeal. Fending application file to condone the delay, the appellate court has got power to the next day of execution of the lower court degree. It can be granted either by the appellate court or by the court of first instance which passes the degree provided time to file appeal is available. And within such a time it is not possible for him to get the certificate copy of the gentleman. Then we can file an application first day of retribution of degree before the court of first instance. Appellate court has got power to dismiss the appeal on merit at the opponent's stage. It can dismiss the appeal fully or reject the appeal fully. There cannot be any peace will order. Partly appeal is rejected and proceeded to file the delay in respect of the request. And once a notice is ordered, the appellate court after the respondent entered appearance on appellate court, the appellate court has got power to dismiss the appeal on merits. Because the only way is to dismiss the appeal for departs. And if the appellate court in the respondent did not appear, the appellate court has proceeded to get the appeal expired. So when the appeal is dismissed for depart, the appellate can file an application to read the appeal. When the appeal is here x for t, the respondent can file an appeal to read the appeal, to read the appeal. Then under order 41 rule 22. If anyone of the issues answer to the issues is against the respondent, he cannot only support the degree until he can file a cross appeal. If any relief is negative, then the party agreed and filed cross appeal. Both cross appeal or cross objection must be filed until the period of 11 from the date of service. But no appeal against the reversal finding. If appeal is filed, then you can file cross appeal or cross objection. When the degree is in over power, you cannot file appeal as against the reversal finding, finding the issues. Then order 43, order 41 rule 23, 24 and 25 demand when the appellate court dismisses the suit on preliminary issue, it can be demanded. When the appellate court thought it would retry is necessary, it can demand a matter. When the appellate court primarily issues and directed the trial court to receive, to record the evidence and return the back. They return back to the same to the after recording evidence. Then these are all grounds for rematch. Then order 41 rule 27 grounds to receive additional evidence. When the document was filed but detected by the trial court, document was not available at the time of trial. Not in the custody of the appellate. And with the new care and decency for sexual fighting, then it can be received. It's hard to kindly just check it out to your speaker while there's a lot of humming. Just check the speaker. Yeah, now I'll see. Just check it out. Yeah, now it's fine. So order 41 rule 27. There are three grounds and the appellate court considers the requirements that the documents are to be marked is necessary to determine the to determine the requirement of the document for substantive cause to promote judgment and the documents can be received. Documents can be received by the appellate court not to blame the lacuna. To remove the lacuna, it can be received in evidence. It can be received in evidence. And lastly, for the 41 rule 23, even in the absence of class appeal or class objection, the appellate court has got power to pass any order with interest of justice. So these are all the powers of the appellate court. Because the And it was brought on one hour exact. We started at 414 and 514. So that is the precision. So we will see if somebody is posting any question. In fact, in the repetitions also like order 41 rule 33, a lot of courts have interpreted that when you write any other rate order or direction, then in that eventuality, also the court can give the relief over and above what has been demanded. Keeping in mind. I will say all these ideas. And even otherwise in the pleading also it says that even if the prayer may not be happily worded, but from the readings, it can be apparent that what you actually want, the court can even mold that. Though it is not in an appellate state. I'm talking in the normal suit or a repetition. The jurisdiction, the power is extraordinary under article 226. Yeah. In a lighter when they say they can do anything except for changing man to woman and woman to man. Yes. Yeah. I'll just see because of this group. Yes. Now, let me see the chat. It's only one question that has come whether the appellate court and demand the matter. Yes. The appellate court cannot demand the matter. They have demand for ordering demand. The grounds must in the existence that the appellate court to dispose or dismiss the suit on preliminary issue. Then it can pass an order of remand. Then the court finds that retail or you know, a trial is necessary. Then it can demand the matter. When the material issues are not framed, the appellate court can frame issues and refer the matter to the trial code with a direction to record the evidence and send it back. So in the absence of grounds for the demand, it is not open to the appellate court to pass an order of remand. Then whether the appellate court settled matter via judicial settlement, whether second appeal is possible, unable to understand, sir, whether appellate court settled matter via judicial settlement. He probably wants to say that in the first appeal under section 96, there is a settlement via judicial settlement. Before the Lokadhala, before the Lokadhala, before the Lokadhala, the matter is settled under the local, under the legal services authorities act. No appeal will lie. No appeal will lie. This is by Professor Rajesh M. Dubai. Yes. In trial code, the appellate court is settled by 20 and not denied by the responder. In appeal, appellate court can same facts admit on different way, another story. And if it is not false, then there will be any penal provision applied for giving false evidence. Yes, yes, yes. Suppose plenty pleaded some certain points which are not denied, which are not denied by the defendant and then it amounts to admission. Because admission is the best piece of evidence. It dispenses all of the proof. Suppose in the appeal, if he is put it in some other way and by giving false information, by giving false evidence, then it amounts to treachery. Treachery Indian penal code section 2, 119. Since I am not practicing this criminal matter, treachery will lie. And section 386, once false evidence is given. 340 and 195. 340 and 195. Yes, yes. 340 under the civil judge can request to the concerned judicial magistrate to lodge a complaint and to proceed against the person who has given false evidence. That is part of the jury. We have one session by Honourable Mr. Justice Kuldeep Singh from Pajawra and Aikot. So those who want, they can follow that session. Wow, perjury, etc. Yes. There is one more. Whether the delay is pending, what remedy remains for execution? Yes, suppose along with an application, along with the appeal, delay condensation pension is filed. If no stay is granted, that is why I have said, mere filing of an appeal would not amount to stay of the execution of the degree. Unless specifically the appellate court grants a stay of the execution of the degree, it is always open to the execution court to proceed with the execution. To proceed with the execution. So the delay condensation pension is not a bar to the execution court to proceed further in the execution. Here I think that's it. I will just check it on the Facebook. Yes. Why did court to dispose the civil case under provision of speedy disposal since unnecessary delay two long years to the process? Yes, under article 226, I have already said the powers of the high court is vast. It has got extraordinary jurisdiction, extraordinary original jurisdiction. Suppose due to the number of pendency of the several cases, it is not possible for the trial court to pick up any particular case under disposal of the same, by taking into consideration of the emergency. Because it is the practicing work and it is a routine practice being followed by the all subordinate court. And according to the senior, according to the year, the case will be listed. The case will be listed. If anyone of the party wants their case to be disposed of earlier or at the earliest point of time, they can very well approach the high court. They can very well fight not high court, sorry high court, not under article 226. He can file an application under article 227 of constitution of India. These are all some exigencies, these are all some emergencies. So the trial court may be directed to dispose the case within a specified time frame that may be fixed in the court or at the earliest point of time. Normally, suppose with the appellant fines to pay process fee, what the court has to do? And when the plaintiff filed it to pay the process fee, then the court will pass another to send the summons to court. Mr. Shankar, you will have to answer this. I am unable to answer. There is one question on the Facebook. This is by Rampashar. The process fee is not am I able? Yeah, yeah, it's audible. Audible. What is that? Audible, audible. Audible. It's audible. I don't know. If the process fee is not paid by the appellant, then the court will dismiss appeal for not taking steps. But sometimes it gives an opportunity also. That's it, sometimes it gives. Even after giving availing opportunities, if I accept the appellant, it will be dismissed. Yeah. So the last question we are taking from the Facebook. This is Sir in a suit for declaration and consequential injunction. Plaintiff alleged that he's in position, but he is not. Defendant says he's in a reverse position, suit decreed in favour of plaintiff. First appellate court confirmed the decree. Will the second appellate court reverse the decree that the plaintiff not sought for position due process to be followed in evicting the defendant? This is on the Facebook. It's on our platform. Facebook. Yeah. I've read it from the Facebook, since we are live on the Facebook also. I will repeat the question. In a suit for declaration and consequential injunction, plaintiff alleged that he's in position, but he's not. Defendant says he's in a reverse position, but suit decreed in favour of plaintiff. First appellate court confirmed the decree. Will second appellate court reverse the decree that the plaintiff did not seek position due process to be followed in evicting the defendant? Of course, it is suit for declaration. If it is suit for declaration and permanent injunction, not recovery of process. He simply has written, declaration and consequential injunction. Consequential injunction. But all that. Yes, the high court, while can pass an order, though the plaintiff is one of the property, it can concur with the trial court and the first appellate court that the plaintiff is entered to get a degree for declaration. The moment it founds that the plaintiff is not in possession and enjoyment of the property and the possession is found in favour of the defendant, then the high court can refuse to grant the consequential leap of permanent injunction on the ground. The appellate, the plaintiff is not in possession and enjoyment of the property. And it can sometimes, it can mold the relief. Suppose the moment the plaintiff is declared as one of the property and subject to the law of limitation, if the suit is filed within a period of 12 years from the date of dispersion of the plaintiff, then on the article 65, if it is found the suit is in time, then the high court can mold the relief and grant a degree for recovery of possession by directing the plaintiff to pay court fees for the relief of recovery of possession. This is one thing. Suppose the court finds that the appellate plaintiff is not in possession and enjoyment of the property, then the relief of consequential relief can be negative. We are declaring that the relief can alone will be granted. Okay. So I think we don't have any other questions. Yeah. Succeeded party has to file the solicitation. And that he has suck up. So I will just see as to whether the Lakshmi ma'am is there. Yes. Yeah. Meanwhile, friends tomorrow's session would be on international law with emphasis on environmental law by Dr. Tia Subramaniya, the dean of the CMR college in Bangalore and Bangaluru. And he's a former vice chancellor of the Connecticut State University of law. And he has also done sessions like Mr. Murali on our sessions on our platform and they've done well. On behalf of beyond law CLC and legal lights, legal legal lights. We have actually ma'am has joined. She will also share the vote of thanks. It was a session as usual spot on and as it being the way you have presented it. We are quite sure that it will go very well. Though the participants expressions are doing well. Are you like ma'am you will have to unmute yourself. Yes. Yeah. Yeah. Thank you so much sir. Shankar Moli sir. It was very excellent. Thank you so much. Thank you Vikas. It is really excellent that we could see our beloved sir back on screen that too on the Pan India platform. And today it is not only Pan India. It is an international platform where you have guests joining from so many places outside India. Such an excellent session. And sir's knowledge about civil law. It has to be seen to be believed. And it is. Thank you. I really enjoyed this session sir. I hope and wish you have to do lots and lots of sessions for all the platforms. Not only our two platforms. You welcome you to all the platforms that's being conducted all over India. Thank you Vikas for taking in legal legal light as your knowledge partner. Whenever anyone from down south is joining in. It is really excellent. It was really nice to join it. And I should thank Harita, my dear little friend, junior of Shankar Moli sir for keeping us connected and posting all the citations. Thank you so much Harita for all your citations. We will ask Mr. Moli to share the citations. We will share it on the groups. And thank you to all the participants. And we are quite sure that the prayers of all those participants who are watching Mr. Moli for all these webinars. So their prayers have helped them to, I can say, trigger off or catalyze their back to normalcy. And that gives us the spirit to all those persons who have been facing these challenges. Yes, you can come back. It's the spirit, the will power and to that never die spirit. Thank you everyone. And thank you Mr. Moli once again for sharing and all. Everyone stay safe and stay blessed so that we don't see more and more spikes. We can always share our knowledge on this platform and this way one can stay home at the same time, enhance our knowledge. Thank you.