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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XLI: Appeals From Original Decrees

Order XLI Rule 3 CPC: Rejection or amendment of memorandum

Bare Act text

3. Rejection or amendment of memorandum.—(1) Where the memorandum of appeal is not drawn up in the manner hereinbefore prescribed, it may be rejected, or be returned to the appellant for the purpose of being amended within a time to be fixed by the Court or be amended then and there.

(2) Where the Court rejects any memorandum, it shall record the reasons for such rejection.

(3) Where a memorandum of appeal is amended, the judge, or such officer as he appoints in this behalf, shall sign or initial the amendment.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where a memorandum of appeal is not drawn up as prescribed, the Court may reject it, return it to the appellant for amendment within a fixed time, or have it amended then and there. If the Court rejects a memorandum, it must record its reasons. Where a memorandum is amended, the judge or an officer he appoints must sign or initial the amendment.

Order XLI: Appeals From Original Decrees

  1. 1 Form of appeal
  2. 2 Grounds which may be taken in appeal
  3. 3 Rejection or amendment of memorandum
  4. 3A Application for condonation of delay
  5. 4 One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all
  6. 5 Stay by Appellate Court
  7. 6 Security in case of order for execution of decree appealed from
  8. 7 No security to be required from the Government or a public officer in certain cases (Repealed)
  9. 8 Exercise of powers in appeal from order made in execution of decree
  10. 9 Registry of memorandum of appeal
  11. 10 Appellate Court may require appellant to furnish security for costs
  12. 11 Power to dismiss appeal without sending notice to Lower Court
  13. 11A Time within which hearing under rule 11 should be concluded
  14. 12 Day for hearing appeal
  15. 13 Appellate Court to give notice to Court whose decree appealed from (Omitted)
  16. 14 Publication and service of notice of day for hearing appeal
  17. 15 Contents of notice (Omitted)
  18. 16 Right to begin
  19. 17 Dismissal of appeal for appellant's default
  20. 18 Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit cost (Omitted)
  21. 19 Re-admission of appeal dismissed for default
  22. 20 Power to adjourn hearing and direct persons appearing interested to be made respondents
  23. 21 Re-hearing on application of respondent against whom ex parte decree made
  24. 22 Upon hearing respondent may object to decree as if he had preferred a separate appeal
  25. 23 Remand of case by Appellate Court
  26. 23A Remand in other cases
  27. 24 Where evidence on record sufficient, Appellate Court may determine case finally
  28. 25 Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
  29. 26 Findings and evidence to be put on record
  30. 26A Order of remand to mention date of next hearing
  31. 27 Production of additional evidence in Appellate Court
  32. 28 Mode of taking additional evidence
  33. 29 Points to be defined and recorded
  34. 30 Judgment when and where pronounced
  35. 31 Contents, date and signature of judgment
  36. 32 What judgment may direct
  37. 33 Power of Court of appeal
  38. 34 Dissent to be recorded
  39. 35 Date and contents of decree
  40. 36 Copies of judgment and decree to be furnished to parties
  41. 37 Certified copy of decree to be sent to Court whose decree appealed from
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