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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XLII: Appeals From Appellate Decrees

Order XLII Rule 3 CPC: Application of rule 14 of Order XLL

Bare Act text

3. Application of rule 14 of Order XLI.—Reference in sub-rule (4) of rule 14 of Order XLI to the Court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a reference to the Court to which the appeal was preferred from the original decree or order.]

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

In an appeal from an appellate decree or order, a reference in rule 14(4) of Order XLI to the Court of first instance is read as a reference to the Court to which the appeal was preferred from the original decree or order.

Order XLII: Appeals From Appellate Decrees

  1. 1 Procedure
  2. 2 Power of Court to direct that the appeal be heard on the question formulated by it
  3. 3 Application of rule 14 of Order XLL