CIVIL PROCEDURE. 14. If no application shall have been made to set aside the award, or to remit the same, or any of the matters referred, for re-consideration, or if the Court shall have refused any such application, either party may file the award in Court, and the award shall thereupon have Filing award: the same force and effect for all purposes as a judgment. Effect of. ORDER LIII. APPEALS. 1. General Provisions. Orders. 1. An appeal does not lie from an order made ex parte. Any person Ex parte aggrieved by such an order may apply to the Court by which it is made to vary or discharge it, and an appeal lies from the decision on that application in like manner as from other orders or decisions. 2. Where, in a civil suit or matter, a decision of any Divisional lies on merits. Court (1.) Is given in respect of a sum of fifty pounds or upwards; or (2.) Determines directly or indirectly a claim or question respecting money, goods, or other property, or any civil right or other matter of the amount of fifty pounds or upwards. Or a decision of any District Commissioner (3.) Is given in respect of a sum of five pounds or upwards; or (4.) Determines directly or indirectly a claim or question respecting money, goods, or other property, or any civil right or other matter of the amount of five pounds or upwards; any party aggrieved by the decision may apply to the Court whose decision is to be appealed from (hereafter referred to as the Court below) for leave to appeal to the Appeal Court. When appeal 3. For the purposes of the appeals provided for by this Order, the Courts for appeal. Appeal Court shall, in the case of a decision by a District Commissioner, mean the Divisional Court of the Province wherein such District is situated, and shall, in the case of a decision by a Judge or Divisional Court, mean the Full Court. from decision Commissioner. 4. Where appeal shall have been taken from a decision of a District Where appeal Commissioner to a Divisional Court, and the Divisional Court shall have of District affirmed such decision, the Divisional Court shall not give leave to appeal from such affirmance, unless it shall consider such appeal to be reasonable and proper, and in such case it shall transmit to the Appeal Court, along with the record of appeal, a brief statement of the grounds upon which the appeal has been allowed. If the decision of the Divisional Court upon the appeal shall have reversed or materially altered the decision of a District Commissioner, the Divisional Court shall give leave to appeal from its decision upon the like terms and subject to the like limitations as if the same had been a decision in a cause or matter originating in such Divisional Court. orders. 5. The Court below shall not give leave to appeal from an inter- Appeals from locutory order, unless it shall consider such appeal to be reasonable and interlocutory proper, and in such case it shall transmit to the Appeal Court, along with the record of appeal, a brief statement of the grounds upon which RULES OF CIVIL PROCEDURE. Orders as to costs, or by consent. Conditions of When to be perfected. the appeal has been allowed. Any doubt which may arise as to what decrees or orders are final, and what are interlocutory, shall be determined by the Appeal Court. 6. No order as to costs only, or order made by the consent of parties, shall be subject to any appeal, except by special leave of the Court making such order or of the Appeal Court. 2. Leave to Appeal. 7. The appellant shall give security to the satisfaction of the Court below for payment of all such costs as may be awarded to any respondent by the Appeal Court. He shall also pay into the Court below the amount of the expense of making up and transmission to the Appeal Court of the record of appeal. He shall also give notice of the appeal to all parties directly affected by the appeal, and to such others, as respondents, as the Court below thinks fit to direct. If security, payment, and notice are so given and made within one month after the application being made, then and not otherwise the Court below shall give leave to appeal. 8. In every final judgment the Appeal Court may give leave to Discretionary appeal on such terms as that Court thinks just. power of Appeal Court. From inter locutory orders. Powers of Court below where appeal on merits. Powers of 3. Limitation of Time for Appeals. 9. After fourteen days from the date of an interlocutory decision application for leave to appeal shall not be entertained. 10. After three months from the date of a decision on the merits, application for leave to appeal shall not be entertained by the Court below. 11. After six months from the date of a decision on the merits, application for leave to appeal shall not be entertained by the Appeal Appeal Court. Court: Temporary extension of time for appealing. Court below to direct Provided that during the space of six months next succeeding the promulgation of the Supreme Court Ordinance, a period of two years shall be added to each of the aforesaid periods of three and six months respectively. 4. Execution or Suspension of Judgment pending Appeal. 12. Where leave to appeal is applied for by a person ordered to pay money, or do any other act, the Court below shall direct, either that suspension or the decision to be appealed from be carried into execution, or that the execution thereof be suspended pending the appeal, as that Court thinks just. execution of judgment. Security if 13. If the Court directs the decision to be carried into execution, judgment to the person in whose favour it is given shall, before the execution of it, give security to the satisfaction of the Court for performance of such orders as shall be made on appeal. be executed. Form 78. Security if judgment suspended. 14. If the Court directs the execution of the decision to be suspended, the person against whom it is given shall, before an order for suspension is made, give security to the satisfaction of the Court for performance of such orders as shall be made on appeal. RULES OF CIVIL PROCEDURE. 15. The Full Court, if it considers that in any case the ends of justice so require, may dispense with the security directed by the Discretionary thirteenth and fourteenth rules to be given, and may admit the power of the appeal on such terms as the Court may think fit. 5. Grounds of Appeal. Full Court. grounds of 16. It shall be lawful for the appellant, if he thinks fit, within Appellant seven days after obtaining leave to appeal, to file in the Court below may file statea statement of the grounds of his appeal, and the particulars in which ment of the order appealed from is considered by the appellant to be erroneous appeal. or defective, and of the relief to which on the record and evidence as it stands he considers himself entitled. The statement shall be served upon such persons as respondents, as the Court below directs. 17. It shall be lawful for the respondent, if he thinks fit, and Respondent whether any statement has been filed by the appellant or not, within may file fourteen days after leave to appeal has been granted, to file in the answer. Court below an answer which shall be an exposition of his case, as supported by the evidence already before the Court, and by the record as it stands. Such answer shall be served upon such persons as the Court thinks fit. 18. After the expiration of the aforesaid periods the parties shall not be at liberty to file any pleadings in appeal, except by leave of the Appeal Court, but the Appeal Court may at any time previous to the time appointed for the hearing, if it considers it desirable to do so, order such statement and answer to be filed by the appellant and respondent. 6. Transmission of Record. Appeal Court may order statement and answer. 19. On the expiration of fourteen days after leave to appeal has Transmission been given, the Court below shall, without the application of any of appeal record party, make up the record of appeal, which shall consist of the writ of summons, the pleadings (if any), a certified copy of all documents admitted as evidence or tendered as evidence and rejected, and of the Court's notes of evidence, and the pleadings in appeal (if any). The several pieces shall be consecutively numbered and fastened together, and, along with a list thereof, authenticated by the signature of the Commissioner or Judge of the Court below, shall be forthwith forwarded by that Court to the Appeal Court. 20. Along with the record of appeal, the Court below shall Appeal case transmit to the Appeal Court a case, which may be agreed on between the parties, but shall be settled by the Court. The case shall state the cause of action, the facts found by the Court, and the Court's determination thereon in point of law. documents. 21. The Court below shall not, except for some special cause, take Transmission upon itself the charge or the transmission of original letters or docu- of original ments produced in evidence. They shall be returned to the parties producing them, and they must be prepared to produce the originals, if required by the Appeal Court, before or at the hearing of the appeal. RULES OF CIVIL PROCEDURE. Control of Appeal Court while appeal over suit pending. Additional security. Notice to parties in interlocutory appeals. Notice in appeals on merits. Appearance of parties. Evidence. No interlocutory order to prejudice the decision on appeal. General powers of Appeal Court. 7. Proceedings in the Appeal Court. 22. After the record of appeal is transmitted, until the appeal is disposed of, the Appeal Court shall be in possession of the whole suit as between the parties to the appeal. Every application in the suit shall be made to the Appeal Court, and not to the Court below, but any application may be made through the Court below: provided that in cases of urgency the Court below may make any interim order to prevent prejudice to the claims of any party pending an appeal, but every such order may be discharged or varied by the Appeal Court or a Judge thereof. 23. The Appeal Court may, where requisite, require additional security for costs or for performance of the orders to be made on appeal, than the Court below has thought fit to direct, and may make any interim order or injunction which the Court below is authorized to make, and which may be necessary. 24. If the appeal is from an interlocutory order, the Court shall not cause notice to be given to the parties of the day when the appeal will be disposed of unless under special circumstances it thinks fit to do so; but where a party to the appeal notifies to the Appeal Court his desire to attend, he shall be at liberty to do so, and to be heard at such time as the Appeal Court directs. 25. If the appeal is from a decision or order after trial or hearing of any suit or matter upon the merits, the Appeal Court shall, after receiving the record of appeal, fix a day for the hearing thereof, and shall give notice thereof through the Court below to the parties to the appeal, such a day being fixed as will allow of the parties attending if they so desire. But if all the parties to an appeal appear in person in the Appeal Court, or appoint persons to represent them in the appeal, and cause the appearance or appointment to be notified to the Appeal Court, the Court shall dispose of the appeal without giving notice through the Court below of the day fixed for the hearing thereof. 26. The Appeal Court may, if it thinks fit, require the parties to an appeal to appear personally before it on the hearing of the appeal, or on any occasion pending the appeal; otherwise personal appearance shall not be obligatory. 27. It is not open as of right to any party to an appeal to adduce new evidence in support of his original case; but for the furtherance of justice the Appeal Court may, where it thinks fit, allow or require new evidence to be adduced. A party may, by leave of the Court, allege any facts essential to the issue that have come to his knowledge after the decision of the Court below, and adduce evidence in support of such allegations. 28. No interlocutory order from which there has been no appeal shall operate so as to bar or prejudice the Appeal Court from giving such decision upon the appeal as may seem just. 29. The Appeal Court may from time to time make any order necessary for determining the real question in controversy in the appeal, and may amend any defect or error in the record of the appeal; and may direct the Court below to inquire into and certify its finding on any question which the Appeal Court thinks fit to determine before final judgment in the appeal, and generally shall have as full jurisdiction over the the whole suit as if the same had been instituted and prose cuted in the Appeal Court as a Court of first instance, and may rehear the whole case, or may remit it to the Court below to be re-heard, or to be otherwise dealt with as the Appeal Court directs. RULES OF CIVIL PROCEDURE. 30. The Appeal Court shall have power to give any judgment, Judgment in and make any order which ought to have been made, and to make appeal. such further or other order as the case may require. These powers may be exercised by the Court, notwithstanding that the appellant may have asked that part only of the decision may be reversed or varied, and may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision. 8. Enforcement of Decrees and Orders on Appeal. 31. Any decree or order made by the Appeal Court may be Execution to enforced by the Appeal Court or by the Court below, according as the be directed by Appeal Court may consider most expedient and may direct, in the Appeal Court. same manner as any original decree or order of the Court can or may be enforced. 32. When the Appeal Court directs any decree or order to be Execution by enforced by the Court below, a certificate under seal of the Court and Court below. the hand of the presiding Judge, setting forth the decree or order of the Appeal Court, shall be transmitted by the Registrar of the Appeal Court to the Court below, and such last-mentioned Court shall enforce the decree or order made by the Appeal Court in terms of such certificate. 6. Search warrant. 7. Summons to a witness. 8. Warrant where witness has not obeyed summons. 9. Warrant for witness in first instance. 10. Warrant for prisoner to give evidence. 11. Deposition on examination before commitment. 12. Statement of accused on examination before commitment. 13. Statement of election by accused as to trial. 14. Commitment for trial or on remand or adjournment. 15. Commitment of witness for refusing to enter into recognizance. 16. Gaoler's receipt for a prisoner. 17. Recognizance (bail, &c.) 18. Warrant to discharge from prison. 19. Conviction for a penalty to be levied by distress, and in default of sufficient distress imprisonment; or for a penalty, and in default of payment imprisonment. 20. Order of dismissal of charge. Appendix. |