clusive), the procedure in suits under this chapter shall be the under chapter same as the procedure in suits instituted under Chapter V. 538. Sections 532 to 537 (both inclusive) apply only to (a) the High Courts of Judicature at Fort William, Madras tion of and Bombay; (b) the Court of the Recorder of Rangoon ; (c) the Courts of Small Causes in Calcutta, Madras and Bombay1; (d) the Court of the Judge of Karáchí; and (e) any other Court having ordinary original civil jurisdiction to which the Local Government may, by notification in the official Gazette, apply them 2. In case of such application the Local Government may direct by whom any of the powers and duties incident to the provisions so applied shall be exercised and performed, and make any rules which it thinks requisite for carrying into operation the provisions so applied. Within one month after such notification has been published such provisions shall apply accordingly, and the rules so made shall have the force of law. The Local Government may, from time to time, alter or cancel any such notification. CHAPTER XL. OF SUITS RELATING TO PUBLIC CHARITIES. Applica chapter. 539. In case of any alleged breach of any express or con- When suits structive trusts created for public charitable or religious relating to public purposes 3, or whenever the direction of the Court is deemed charities 1 8 Ben. Appx. 10, where a suit for a sum within the jurisdiction of the Small Cause Court was successfully brought in the High Court. 2 The Government of Madras has applied them to the Madras Small Cause Court and to all District Munsifs' Courts in the Madras Presidency, Macpherson's Lists, 1884, pp. 115, 128; and the Chief Commissioner of British Burma has extended them to the Courts of the Judge of Maulmain and the Deputy Commissioner of Akyab, 3 A trust for the feeding of way- may be brought. necessary for the administration of any such trust, the Advocate General acting ex officio 1, or two or more persons having a direct interest in the trust and having obtained the consent in writing of the Advocate General 3, may institute a suit in the High Court or the District Court within the local limits of whose civil jurisdiction the whole or any part of the subjectmatter of the trust is situate, to obtain a decree— (a) appointing new trustees under the trust; (c) vesting any property in the trustees under the trust; (e) declaring the proportions in which its objects are entitled ; (d) authorising the whole or any part of its property to be let, sold, mortgaged or exchanged ; (e) settling a scheme for its management; or granting such further or other relief as the nature of the case may require 4. The powers conferred by this section on the Advocate General may, outside the Presidency-towns, be, with the previous sanction of the Local Government, exercised also by the Collector or by such officer as the Local Goverment may appoint in this behalf 5. Act No. X of 1840, section two, is hereby repealed. 1 His costs come out of the trust fund, 7 Bom. 19, 22, 23. 28 Cal. 32. But see 7 All. 178, per Mahmúd J. As to the power of the representatives of the author of a charitable or religious trust, see 5 Cal. 700. 3 10 Mad. 185. Where the object of a suit is merely to recover the trust-property from outsiders, this section does not apply, 8 Bom. 365. The section is permissive or directory, not mandatory, 8 Bom. 451, 452. It does not prohibit private suits without the Advocate General's consent. As to suits for the management of a religious endowment, to which the Advocate General is not a party, see 3 Cal. 563: 3 Bom. 27 (breach of trust with reference to devasthán property). 5 N. W. P. and Oudh Gazette, 27 July, 1878, p. 1058: Central Provinces Gazette, Oct. 1877, Part I. A. p. 305. As to the Assistant Commissioner, Ajmer, see Gazette of India, 23 Dec. 1882, Part II. p. 856. PART VI. OF APPEALS. CHAPTER XLI. OF APPEALS FROM ORIGINAL DECREES. lie from all 540. Unless when otherwise expressly provided by this Appeal to Code or by any other law for the time being in force 2, an original appeal shall lie from the decrees, or from any part of the decrees, except decrees of the Courts exercising original jurisdiction to the when exCourts authorised to hear appeals from the decisions of those pressly proCourts 5. 1 See sec. 597. See, for example, Act I of 1877, sec. 9 (summary suits for possession of immoveable property), and Act XV of 1882, sec. 37 (judgments of Presidency Small Cause Courts). An appeal may also be barred by agreement, 14 Moo. I. A. 203: 8 Cal. 455: 1 All. 267. 3 The Code allows an appeal against a portion of the decision; but this supposes that there is a decision relating to the disposal of the entire suit, 3 Mad. 13. There is no appeal from a judgment or any part thereof, 6 Cal. 208, but see ibid. 303. And a majority of the High Court at Allahabad has held that, if a decree is on the face of it entirely in favour of a party to a suit, he has no right of appeal therefrom, 7 All. 610. That there may be circumstances justifying an appeal on a mere question of costs, see 3 Mad. H. C. 279: 8 Bom. 370, but see 8 Bom. H. C., A. C. J. 100, 142. The Judicial Committee will not, as a rule, alter the VOL. II. direction of the Court below with respect to costs when no substantial alteration is made in the decree itself, 7 Bom. 33. As to the times within which appeals under this Code must be made see infra, Act XV of 1877, sched. II, arts. 151, 152, 153, 156. 4 with reference to the actual value of the subject-matter in dispute in the original suit, 7 Mad. H. C. 356: 9 Ben. 190: 5 N. W. P. 175: 9 Bom. H. C. 286. 5 A defendant against whom a decree has been passed ex parte may therefore appeal, 3 Mad. 264: 9 Mad. 445, dissenting from All. 387. An appeal therefore lies from a decree under sec. 77 of the Registration Act, 1877, 8 Bom. 269. Or from an order made under sec. 37 of the Bengal Rent Act (Ben. Act VIII of 1869), 7 Cal. 684. Or from an order purporting to cancel a certificate, granted under Act XXVII of 1860, to collect the debts of a deceased person. X X hibited. Form of appeal. 541. The appeal shall be made in the form of a memorandum in writing presented by the appellant 2, and shall be accompanied by a copy of the decree appealed against and (unless accompany the Appellate Court dispenses therewith) of the judgment on Copy to memoran dum. Contents of memorandum. Appellant which it is founded. Such memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed against, without any argument or narrative; and such grounds shall be numbered consecutively. 542. The appellant shall not, without the leave of the confined to Court, urge or be heard in support of any other ground of objection, but the Court in deciding the appeal shall not be confined to the grounds set forth by the appellant 3 : grounds set out. Rejection or amend ment of Provided that the Court shall not 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. 543. If the memorandum of appeal be not drawn up in the manner herein before prescribed, it may be rejected, or be memoran- returned to the appellant for the purpose of being amended within a time to be fixed by the Court 5, or be amended then and there 6. dum. When one of several When the Court rejects under this section any memorandum, it shall record the reasons for such rejection. When a memorandum of appeal is amended under this section, the Judge, or such officer as he appoints in this behalf, shall attest the amendment by his signature. 544. Where there are more plaintiffs or more defendants plaintiffs than one in a suit, and the decree appealed against proceeds on any ground common to all the plaintiffs or to all the or defen dants may 1 to the Judge, 3 N. W. P. 341. 2 See the form, sched. IV, no. 173. The appellant may be any party to the suit who is dissatisfied with the decree, 3 All. 152, 157. But he must be a party, I Mad. H. C. 8, or the representative of one, 5 Suth. Civ. R. 133: 7 Ben. 149. 3 Ben. F. B. 900. 4 2 All. 884. 5 So when it is returned for the purpose of being sufficiently stamped a time should be fixed, 2 All. 875. There is no limitation as to the time within which the memorandum may be rejected or amended, 7 All. 85. 7 whether ex parte or not, 13 Suth. Civ. R. 114. versal of defendants', any one of the plaintiffs or of the defendants may obtain reappeal against the whole decree, and thereupon the Appellate whole deCourt may reverse or modify the decree in favour of all the cree. plaintiffs or defendants, as the case may be3. Of staying and executing Decrees under Appeal. of decree 545. Execution of a decree shall not be stayed by reason Execution only of an appeal having been preferred against the decree; not stayed but the Appellate Court may for sufficient cause order the solely by execution to be stayed 5: reason of appeal. ap- Stay of for If an application be made for stay of execution of an pealable decree before the expiry of the time allowed appealing therefrom, the Court which passed the decree may for sufficient cause order the execution to be stayed": Provided that no order shall be made under this section unless the Court making it is satisfied (a) that substantial loss may result to the party applying for stay of execution unless the order is made 7; () that the application has been made without unreasonable delay; and (c) that security has been given by the applicant for the due performance of such decree or order as may ultimately be binding upon him". execution before time for appeal ing has expired. in case of 546. If an order is made for the execution of a decree Security against which an appeal is pending, the Court which passed order for the decree shall, on sufficient cause being shown by the execution pellant, require security to be given for the restitution of any appealed property which may be taken in execution of the decree 10, or against. 1 and in such cases only, 14 Suth. Civ. R. 130. 218 Suth. Civ. R. 26. 3 For cases within this section see 3 Cal. 738 7 Ben. Appx. 28: 4 Mad. H. C. 26: 11 Bom. 596. For cases not within it, see 2 Suth. Civ. R. 227: 11 ibid. 238. shewn by a party, Marshall, 478. As to staying execution of decrees appealed to Her Majesty in Council, see infra, secs. 606, 608. Such order is appealable under ap Church, 12 Ch. 17 Suth. Civ. R. 160. Bourke, O. C. J. 103. An order requiring excessive security is appealable, 12 Cal. 624. As to the cessation of the surety's liability, see 13 Suth. Civ. R. 403: 2 Bom. 654: 3 Boin. 204. 10 An order requiring such security is appealable under sec. 244, cl. (c), 8 Cal. 477. of decree |