Order 11 Supreme Court Rules

Order 11 of the Supreme Court Rules 2024 is about Appellate Jurisdiction: Civil Appeals. It contains the following rules:

Order 11 Rule 1 Supreme Court Rules 2024 – Application

This Order shall apply to appeals to the Court from the Court below in civil cases, and to matters related thereto.

Order 11 Rule 2 Supreme Court Rules 2024 – Contents and requirements of Notice of Appeal (Form 8)

(1) All appeals shall be by way of rehearing and shall be brought by notice (herein after called “the Notice of Appeal”) to be filed physically or electronically in the Registry of the Court below, which shall set forth the grounds of appeal, stating whether the whole or part only of the decision of the Court below is complained of (in the latter case specifying such part) and shall state also the exact nature of the relief sought and the names, addresses, emails and telephone numbers of all parties directly affected by the appeal and shall be accompanied by a sufficient number of copies for service on such parties. It shall also have endorsed on it an address for service.

(2) Where a ground of appeal alleges misdirection or error in law, the particulars and the nature of the misdirection or error shall be clearly stated.

(3) The Notice of Appeal shall set forth, concisely and under distinct heads, the grounds upon which the Appellant intends to rely at the hearing of the appeal without any argument or narrative and shall be numbered consecutively.

(4) The Notice of Appeal shall be signed by the Appellant or his Legal Practitioner.

Order 11 Rule 3 Supreme Court Rules 2024 – Vague grounds

Any ground which is vague or general in terms or which discloses no reasonable ground of appeal shall not be permitted, save the general ground that the judgment is against the weight of the evidence. A ground of appeal or any part thereof which is not permitted under this Rule may be struck out by the Court suo motu or on application by the Respondent

Order 11 Rule 4 Supreme Court Rules 2024 – Grounds outside notice

The Appellant shall not without the leave of the Court urge or be heard in support of any ground of appeal not mentioned in the Notice of Appeal, but the Court may in its discretion allow the Appellant to amend the Notice of Appeal upon payment of the fees prescribed for making such amendment and upon such terms as the Court may deem just.

Order 11 Rule 5 Supreme Court Rules 2024 – Court not restricted by grounds

Notwithstanding the foregoing provisions, the Court in deciding the appeal shall not be confined to the grounds set forth by the Appellant:

Provided that the Court shall not, if it allows the appeal, rest its decision on any ground not set forth by the Appellant unless the Respondent has had sufficient opportunity of contesting the case on that ground.

Order 11 Rule 6 Supreme Court Rules 2024 – Striking out notice

The Court shall have the power to strike out a Notice of Appeal where the Notice of Appeal is incompetent.

Order 11 Rule 7 Supreme Court Rules 2024 – Amendment of Notice of Appeal

A Notice of Appeal may be amended by or with the leave of the Court at any time before judgment.

Order 11 Rule 8 Supreme Court Rules 2024 – Directions of the Court as to service of Notice of Appeal

(1) The Court may in any case direct that the Notice of Appeal be served on any party to the proceedings in the Court! below on whom it has not been served or on any person not a party to those proceedings.

(2) The Court may in any case where if gives a direction under this Rule –
(a) postpone or adjourn the hearing of the appeal for such period and on such terms as may be just; and
(b) give such judgment and make such orders on the appeal as might have been given or made if the persons served in pursuance of the direction had originally been parties.

Order 11 Rule 9 Supreme Court Rules 2024 – Death of party to an appeal

It shall be the duly of counsel representing a party to an appeal to give immediate notice of the death of that parry io the Registrar of the Court below or to the Registrar of the Court (as the case may require) and to all other parties affected by the appeal as soon as he becomes aware of the fact.