ENACTMENT NO. 3 OF 1964 ADMINISTRATION OF MUSLIM LAW ENACTMENT, 1963
PART V - PROCEDURE-GENERAL Procedure-Civil
Section 59. Appeal.
(1) Subject to the provisions of paragraph (b) of sub-section (1) of section 13 of this Enactment any party to a civil proceedings aggrieved by the judgment or order of any Court may appeal against such judgment or order to the Appeal Committee.
(2) Such appeal shall be brought by filing in the Court in which the proceedings were brought a notice of appeal addressed to the Court, accompanied by the prescribed fee. The Court shall as soon as possible serve a copy of such notice on each respondent.
(3) No notice of appeal may be filed after the expiration of fourteen days from the date of the judgment or order appealed against but the Appeal Committee may, on an application made to it and if it considers that special circumstances render an extension just, give leave to appeal within such extended time after the expiration of such fourteen days as it may think fit.
(4) On receiving a notice of appeal the Kathi by whom the Judgment or order was made shall prepare and sign the grounds of his judgment, and shall subject to the payment of the prescribed fee by the appellant, cause a copy of such grounds, a copy of his note of the proceedings, and such copies of any other documents as the appellant may require to enable him to prepare a record of appeal.
(5) The appellant shall within twenty-one days of the date on which the documents aforesaid were supplied to him file with the Court by which the judgment or order was made a sufficient number of a record of appeal which shall be in the form of a petition addressed to the Appeal Committee stating the grounds of the appellant's objection to the judgment or order appealed from, a copy of the plaint, a copy of any written defence, copies of any inter-locutory orders, a copy of the Court's note of the proceedings, copies of all documentary exhibits, a copy of the judgment or order, a copy of the grounds of judgment, a copy of the notice of appeal and an index of the foregoing. Four copies of the said record shall be forwarded by the Court to the President and a copy shall be served on each respondent to the appeal. If the record is irregular or is filed out of time or if any respondent has not been served, the Court shall inform the President of such facts.
(6) A respondent to an appeal may give notice to the Court and the other parties to the said appeal that he intends to apply for the judgment or order appealed from to be varied, and such notice shall operate as a cross-appeal.
(7) The Court may in its discretion grant a stay of execution of any judgment or order pending appeal.