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PART VI.

OF APPEALS.

CHAPTER XLI.

OF APPEALS FROM ORIGINAL DECREES.

SECTION

Appeal to lie from all original decrees, except when expressly prohibited 540 Form of appeal

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541

ib.

ib.

Appellant confined to grounds set out

542

Rejection or amendment of memorandum

543

When one of several parties may obtain reversal of whole decree

544

Of staying and executing Decrees under Appeal.

Execution of decree not stayed solely by reason of appeal

545

Stay of execution of appealable decree before time for appealing has expired

ib.

Security in case of order for execution of decree appealed against
No such security required from Government or public officers

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Power to confirm decision of lower Court without sending it notice

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548

ib.

549

ib.

550

ib.

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551

552

553

ib.

554

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Dismissal of appeal where notice not served in consequence of appellant's

failure to deposit cost

557

Re-admission of appeal dismissed for default .

558

Power to adjourn and direct persons interested to be made respondents. 559 Re-hearing on application of respondent against whom ex parte decree

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When evidence on record sufficient, case finally determined .
When appellate Court may frame issues and refer them for trial
Finding and evidence put on record

Objections to finding

Determination of appeal

Production of additional evidence in appellate Court

Mode of taking additional evidence

Points to be defined and recorded.

Of the Judgment in Appeal.

Judgment when and where pronounced.

Language of judgment

Translation of judgment

Contents of judgment

Date and signature

Decision when appeal heard by two or more Judges

Dissent to be recorded

What judgment may direct

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No decree reversed or modified for error not affecting merits or jurisdiction 578

Of the Decree in Appeal.

Date and contents of decree

Judge dissenting from judgment

Copies of judgment and decree furnished to parties

Certified copy of decree to be sent to Court whose decree appealed against
Appellate Court to have same powers as Courts of original jurisdiction
Execution of decree of appellate Court.

CHAPTER XLII.

OF APPEALS FROM APPELLATE DECREES.

Second appeals to High Court

Grounds of second appeal

Second appeal on no other grounds

No second appeal in certain suits

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Error in order may be set forth in memorandum of appeal against decree 591

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Construction of Bengal Regulation III of 1828, section 4, clause 5
Saving of Her Majesty's pleasure, and of rules for conduct of business

615

616

PART VII.

CHAPTER XLVI.

OF REFERENCE TO AND REVISION BY THE HIGH COURT.

Reference of question to High Court

Power to pass decree contingent upon opinion of High Court .
Transmission of judgment and disposal of case

Costs of reference .

Power to alter etc. decrees of Court making reference

Power to call for record of cases not appealable to High Court

PART VIII.

CHAPTER XLVII.

617 618

619

620

621

622

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Application for review in Court consisting of two or more Judges

627

628

Application when rejected

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PART IX.

CHAPTER XLVIII.

SPECIAL RULES RELATING TO THE CHARTERED HIGH COURTS.

Chapter to apply only to certain High Courts

Application of Code to High Courts

High Court to record judgments according to its own rules

Power to order execution of decree before costs ascertained

Execution for costs subsequently.

Unauthorised persons not to address Court

Who may serve process of High Court

Non-judicial acts done by Registrar

Sections not applying to High Court in original civil jurisdiction .

Code not to affect High Court in exercise of insolvent jurisdiction.
Power to frame forms

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PART X.

CHAPTER XLIX.

MISCELLANEOUS.

Exemption of certain women from personal appearance .
Power to exempt certain persons from personal appearance
Lists of names of persons exempted

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Costs of commission rendered necessary by claiming privilege
Persons exempt from arrest under civil process
Procedure in case of certain offences

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Procedure when person to be arrested or property to be attached is

648

outside district

Rules applicable to all civil process for arrest, sale or payment
Application of rules as to witnesses

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Service of foreign summonses

650 A

Penalty for resisting apprehension or escaping from custody .
Power to make subsidiary rules of procedure.

651

652

THE FIRST SCHEDULE.-Acts repealed.

THE SECOND SCHEDULE.-Chapters and sections of this Code extending to

provincial Courts of Small Causes.

THE THIRD SCHEDULE.-Bombay enactments saved.

THE FOURTH SCHEDULE.-Forms of pleadings and decrees.

ACT No. XIV OF 1882,

PASSED BY THE GOVERNOR GENERAL OF
INDIA IN COUNCIL.

(Received the assent of the Governor General on the 17th March, 1882.)

An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature.

WHEREAS it is expedient to consolidate and amend the laws Preamble. relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows:

PRELIMINARY.

1. This Act may be cited as 'The Code of Civil Pro- Short title. cedure: '

Local

and it shall come into force on the first day of June, 1882. CommenceThis section and section 3 extend to the whole of British ment. India1. The other sections extend to the whole of British extent. India except the Scheduled Districts as defined in Act No. XIV of 18742.

1 Act I of 1868, sec. 2, cl. 8, infra, impur, Goálpára (excluding the

vol. i. p. 488.

2 The other sections' have since been extended to the following scheduled districts, viz. the Provinces of Sind and Coorg (Gazette of India, June 3, 1882, Part I, p. 217), the Districts of Darjiling, Jalpaigori, Hazáríbágh, Lohárdaga, Mánbhúm, the Pargana of Dhálbhúm in Singhbhúm, and the Mahál of Angúl (ibid. p. 218), the Districts of Kámrup, Naugong, Darrung, Síbságar, LakhVOL. II.

Eastern Dvárs), Silhat, and Káchár (excluding the North Káchár Hills) (ibid. p. 218), the Jhánsí Division (except secs. 15, 19, 23, 24, 25 and 652), Pargana Jaunsár Bawár and the scheduled portion of the Mirzapur District (ibid. p. 217), the scheduled Districts of the Panjáb (ibid. p. 219) and of the Central Provinces, except so much as authorises the sale of immoveable property in execution of a decree, not being a decree directing H h

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