Judge dissenting from judg ment. Copies of Provided that where there are more Judges than one, if there be a difference of opinion among them, it shall not be necessary for any Judge dissenting from the judgment of the Court to sign the decree1. 580. Certified copies of the judgment and decree in appeal judgment shall be furnished to the parties on application to the Court and decree to be furn- and at their expense. ished. Certified copy of decree to be sent to Court whose decree appealed against. Appellate Court's powers 581. A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed against, and shall be filed with the original proceedings in the suit, and an entry of the judgment of the appellate Court shall be made in the register of civil suits. 582. The Appellate Court shall have, in appeals under this chapter, the same powers 2, and shall perform as nearly as may and duties. be the same duties, as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted under chapter V ; and, in chapter XXI, so far as may be3, the words 'plaintiff,' 'defendant' and 'suit' shall be held to include an appellant, a respondent and an appeal, respectively, in proceedings arising out of the death, marriage or insolvency of parties to an appeal 4. 1 This section does not apply to the High Courts or the Chief Court of the Panjab in the exercise of appellate jurisdiction, sec. 638, infra: Act XVIII of 1884, s. 16. 2 i. e. powers for granting time, for adjournment of hearing, for examination of parties and pleaders, for awarding costs, etc. The word is not used in the sense of jurisdiction,' 1 Ben. A. C. J. 163; and see 4 Suth. Civ. R. 109 (separating misjoined suits): 8 ibid. 368 (adding a respondent): 14 ibid. A. O. J. 17 (allowing a case to be withdrawn): 17 ibid. 300 (directing a local investigation). 3 i. e. so far as may be necessary in order to carry into effect the remedies contemplated by chap. xxi, 7 All. 697, per Petheram C.J. 4 Thus the appellate Court may, with the consent of the parties, refer to arbitration matters in dispute in an appeal, 3 Mad. 78, dissenting from 12 Ben. 266. But in disposing of the case it should confine itself to deciding the matters put in issue by the parties, All. 545. As to the finality of an appellate decree in accordance with an award, see 10 All. 8. As there is no section in chap. xxi which provides for the representatives of a sole defendant who has died being placed on the record at their own request, sec. 582 supplies no such procedure in the case of the death of a sole respondent, 9 Bom. 56. As to the application to appeals of sections 368, 369, and 372, see 4 Bom. 654: 9 Bom. 151. An appellant may determine who shall be a respondent, but not that any particular person shall not be a The provisions hereinbefore contained shall apply to appeals under this chapter so far as such provisions are applicable. of decree of 583. When a party entitled to any benefit (by way of Execution restitution or otherwise) under a decree passed in an appeal Appellate under this chapter desires to obtain execution of the same, he Court. shall apply to the Court which passed the decree against which the appeal was preferred; and such Court shall proceed to execute the decree passed in appeal1, according to the rules hereinbefore prescribed for the execution of decrees in suits 2. CHAPTER XLII. OF APPEALS FROM APPELLATE DECREES. 584. Unless when otherwise provided by this Code or by Second appeals to any other law, from all decrees passed in appeal by any High Court subordinate to a High Court, an appeal shall lie to the Court. High Court on any of the following grounds (namely)— (a) the decision being contrary to some specified law or Grounds of usage having the force of law5; 4 (b) the decision having failed to determine some material issue of law or usage having the force of law; (c) a substantial error or defect in the procedure as prescribed by this Code or any other law, which may possibly respondent, ibid. There is no power 2 7 All. 170 and 197: 8 All. 545: 9 Mad. 506. 3 not from the judgments, or any part thereof, 6 Cal. 208, 323. i. e. the statute law, 7 All. 653. Deciding an issue wholly upon that which is not evidence is erroneous in point of law, Sev. 163. i.e. the common or customary law of the country or community, 7 All. 653. For instance, a usage which prevented the Government or superior landholder from ejecting an ordinary tenant so long as the latter was willing 7 to pay such reasonable assessment as 6 Where, therefore, a lower appel- 7 The insertion of 'possibly' was suggested by 21 Suth. Civ. R. 57. second appeal. Second appeal on no other grounds. No second have produced error or defect in the decision of the case upon the merits1. 585. No second appeal shall lie except on the grounds mentioned in section 584. 586. No second appeal shall lie in any suit of the nature appeal in cognisable in Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed five hundred rupees2. certain suits. Orders ap 587. The provisions contained in chapter XLI shall apply, as far as may be3, to appeals under this chapter1, and to the execution of decrees passed in such appeals. CHAPTER XLIII. OF APPEALS FROM ORDERS. 588. An appeal shall lie from the following orders under pealable. this Code, and from no other such orders : : (1) orders under section 20, staying proceedings in a suit; (2) orders under section 32, striking out or adding the name of any person as plaintiff or defendant; (3) orders under section 36 or section 66, directing that a party shall appear in person; 1 6 Cal. 206: 12 Cal. 199. This 2 9 Bom. 259: 2 Cal. 474 (but see 3 i. e. as far as is consistent with This restriction does not apply to appeals from one of the Judges of the High Court to the full Court, L. R., 10 For the form of the register of appeals from appellate decrees, see sched. IV, no. 177. 5 But see 9 All. 147 (overruling 7 All. 765 and 8 All. 172) as to the non-applicability of secs. 565 and 566 to second appeals. The provisions of sec. 541, extended to second appeals by sec. 587, do not require that any documents should be presented with the appeal other than a copy of the decree appealed against and the judgment on which it is founded. A copy of the decree of the Court of first instance is not required, 4 Mad. 419. 6 But orders under sec. 32 refusing to make certain persons defendants are not appealable, 2 All. 904. (4) orders under section 44, adding a cause of action; (5) orders under section 47, excluding a cause of action; (6) orders returning plaints for amendment or to be presented to the proper Court1; (7) orders under section III, setting-off, or refusing to setoff, one debt against another; (8) orders rejecting applications under section 103 (in cases open to appeal) for an order to set aside the dismissal of a suit; (9) orders rejecting applications under section 108, for2 an order to set aside a decree ex parte; (10) orders under sections 113, 120 and 177; (11) orders under section 116 or section 245, rejecting, or returning for amendment, written statements or applications for execution of decrees; (12) orders under sections 143 and 145, directing anything to be impounded; (13) orders under section 162, for the attachment and sale of moveable property; (14) orders under section 168 for attachment of property, and orders under section 170 for the sale of attached property; (15) orders under section 261, as to objections to draftconveyances or draft-endorsements; (16) orders under section 294, the first paragraph of section 3123 or section 313, for confirming, or setting aside, or refusing to set aside, a sale of immoveable property; (17) orders in insolvency-matters, under section 351, section 352, section 353 or section 3575; (18) orders under section 366, paragraph two, section 367 or section 368; (19) orders rejecting applications under section 370 for dismissal of a suit; (20) orders under section 371, refusing to set aside the abatement or dismissal of a suit; (21) orders disallowing objections under section 372; (22) orders under section 454, section 455 or section 458, directing a next friend or guardian for the suit to pay costs; (23) orders in interpleader-suits under section 473, clause (a), (b) or (d), section 475 or section 476; (24) orders under section 479, section 480, section 485, section 492, section 493, section 496, section 497, section 502 or section 5031; (25) orders under section 514, superseding an arbitration ; (26) orders under section 518, modifying an award; (27) orders of refusal under section 558 to re-admit, or under section 560 to re-hear, an appeal; (28) orders under section 562, remanding a case2; (29) orders under any of the provisions of this Code3, imposing fines, or for the arrest or imprisonment of any person, except when such imprisonment is in execution of a decree 5. The orders passed in appeals under this section shall be final 6. 589. An appeal from any order specified in section 588, clauses (15), (16) and (17), shall lie to the High Court. When an appeal from any other order is allowed by this chapter, it shall lie to the Court to which an appeal would lie from the decree in the suit in relation to which such order was made, or, when such order is passed, by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court 7. 1 An order rejecting an application to appoint a receiver is appealable under this clause, 10 Mad. 179, overruling 6 Mad. 355. 2 3 All. 18. The functions of the High Court in appeals under this clause are limited to disposing of such points as properly fall within the scope of sec. 562, 7 All. 139: 8 Cal. 674. 3 See sec. 651 infra, and 5 All. 318. Clause (29) does not apply to attachments for contempt; but under clause (15) of the Letters Patent an appeal |