—(1) Within one month after service of the notice referred to in Rule 5(3), the appellant must file —
the record of appeal; and
subject to Rule 7, the Appellant’s Case referred to in that Rule,
and serve a copy each thereof on every respondent to the appeal or his solicitor.
(2) The record of appeal shall consist of a copy each of —
the notice of appeal;
the certificate of payment of security for costs;
the record of proceedings referred to in Rule 5(4);
the affidavits of evidence in chief;
the documents in the nature of pleadings;
other documents, so far as are relevant to the matter decided and the nature of the appeal; and
the judgment or order appealed from.
(3) A draft index of the documents to be included in the record of appeal shall be sent by the appellant’s solicitor to the solicitors for the respondents who or (if more than one) any of whom may within 3 days object to the inclusion or exclusion of any document.
(4) Where in the course of preparation of the record of appeal one party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant and the other party nevertheless insists on its being included, the record of appeal, as finally printed or typed shall, with a view to the subsequent adjustment of the costs of and incidental to such document, indicate, in the index of papers, or otherwise, the fact that, and the party by whom, the inclusion of the document was objected to.
(5) Where an appellant omits to comply with paragraph (1), the appeal shall be deemed to have been withdrawn, but nothing in this Rule shall be deemed to limit or restrict the powers of extending time conferred upon the High Court.
(5A) Where an appeal is deemed to have been withdrawn pursuant to paragraph (5) and all the parties to the appeal consent to the payment of any sum lodged in Court as security for the costs of the appeal to the appellant, the appellant shall file the document signifying such consent signed by the parties or by their solicitor, and in such event any sum lodged in Court as security for the costs of the appeal shall be paid out to the appellant.
(6) In the event of a cross-appeal, a joint record of appeal may be filed if all the parties to the appeal and the cross-appeal consent.
(7) Written notice of intention to file such a joint record must be given to the Registrar within the time specified in paragraph (1).
(8) Subject to paragraph (6), any party to the appeal or the cross-appeal may apply to the Registrar for directions as to the filing of the record of appeal.