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Question no. 53018

When interlocutory appeals against orders are filed during ongoing litigation, appellants must serve advance notice upon respondents per__________________?

Select your answer for: When interlocutory appeals against orders are filed during ongoing litigation, appellants must serve advance notice upon respondents per__________________?
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Answer: A. O. XLIII, R. 3

Explanation

Appellants filing interlocutory appeals against ongoing orders must serve advance notice on respondents per Order XLIII, Rule 3. Procedural fairness requires that opposing parties receive prior warning before interlocutory appeals are presented in court. Serving advance notice prevents respondents from being ambushed by sudden appellate stay applications. Order XLIII of the Civil Procedure Code lists specific appealable interlocutory orders arising during ongoing civil suits. Procedural rules mandate advance notice to give respondents adequate time to prepare legal representation for appeal hearings. Ensuring transparent communication between litigants upholds the principles of natural justice in appellate courts.

Order XLIII Rule 4 governs different appellate procedural timelines rather than the mandatory advance notice requirement. Order XLIII Rule 5 addresses separate interlocutory matters unrelated to respondent advance service mandates. Selecting none of these is wrong because Order XLIII Rule 3 explicitly governs this advance notice requirement.

Subject
Law
Topic
—
Difficulty
medium

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