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 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 Power to confirm decision of lower Court without sending it notice 548 ib. 549 ib. 550 ib. ib. 551 552 553 ib. 554 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 When evidence on record sufficient, case finally determined . 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 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 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 Error in order may be set forth in memorandum of appeal against decree 591 Construction of Bengal Regulation III of 1828, section 4, clause 5 615 616 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 . 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 Application for review in Court consisting of two or more Judges 627 628 Application when rejected 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. PART X. CHAPTER XLIX. MISCELLANEOUS. Exemption of certain women from personal appearance . Costs of commission rendered necessary by claiming privilege 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 Service of foreign summonses 650 A Penalty for resisting apprehension or escaping from custody . 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 (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 |