An Act to amend the Limitation Act, 1877.
AND whereas it is also expedient to amend the Indian Limitation Act, 1877, in manner hereinafter appearing; It is hereby further enacted as follows:
Amendment of Act XV
of 1877, schedule II.
108. In the second schedule to the said Indian Limitation Act, 1877,
for No. 161, the following shall be substituted, namely:
"161. For the issue of a notice under section 258 of the same Code to shew cause why the payment or adjustment therein mentioned should not be recorded as certified.
When the payment or adjustment is
to No. 166, column one, the following words shall be added (namely): or on the ground that the decree-holder has purchased without the permission of the Court";
to No. 171, column one, the words "or appellant" shall be added; and in column three, after the word " plaintiff's," the words" or appellant's" shall be inserted;
after No. 171, the following shall be inserted (namely) :—
"171A.-Under section 366 of the same Sixty days Code, by the defendant.
The date of the plaintiff's death.
The date of the defendant's
The date of the order for abatement or dismissal."
and in No. 179, column three, paragraph 6, for the words "specified date (the date so specified" the words
such date" shall be substituted.
Administrator, claims by or against, 44.
Administration suit, 213.
Advocate of any High Court established by Royal Charter not required to
present document empowering him to act, 39.
Adjournment of hearing of suit, 156-158.
Affidavit, interrogatories to be answered by-, and when to be filed, 126;
applications for order for discovery or inspection of documents to be by-
129-134; power of Court to order any particular fact or facts to be proved
by-, 194; when evidence may be given by―, 195; to be confined to what
facts, 196; in case of—, oath by whom to be administered, 197; High
Court to make rules for admission of—, as evidence, 647.
Agents, who are recognized-, 37; service of process on recognized-, 38; any
person residing within jurisdiction of the Court may be appointed—, to
accept service of process, 41; appointment to be in writing and filed in
Court, 41; who deemed to be recognized-, of Government, 419; who
deemed to be recognized-, of Sovereign Princes or Chiefs, 432.
Agreement of parties to raise questions for decision of Court, 527-531.
Alien, explanation of term-, 430.
Appeal to lie from what decree, 540; to be in form of memorandum in writing
and accompanied by copy of decree and judgment, 541; appellant confined
to grounds of objection set out, 542; memorandum of, if not drawn up
in prescribed form to be rejected or returned to appellant for amendment,
543; by one of several plaintiffs or defendants on ground common to all,
544; staying and executing decrees under-, 545-547; memorandum of—,
when admitted to be registered in a book kept for the purpose, called
Register of Appeals, 548; Appellate Court may require appellant to give.
security for costs, 549; intimation of registry and transmission of papers
to Court whose decree is appealed against, 550; notice to be given of
exhibits required by either party, 550; power of Appellate Court to con-
firm decision of Lower Court without sending it notice, 551; day for
hearing, how to be fixed, 552; publication and service of notice of day
for hearing-, 553; Appellate Court may of itself cause notice to be served,
553; contents of notice to respondent, 554; which party has right to begin
on hearing of—, 555; to be dismissed if appellant fail to appear, or if no
notice has been served on respondent, 556-557; to be heard ex parte if
respondent does not appear, 556-567, re-admission of-, dismissed for
default, 558; power of Court to adjourn hearing of-, and to direct persons
appearing interested to be made respondents, 559; re-hearing of-, on
application of respondent against whom ex parte decree is made, 560;
respondent may object to decree of Lower Court as if he had preferred
separate appeal, 561; objection to be in form of memorandum and what
provisions are applicable thereto, 561; when case may be remanded
by Appellate Court, 562-564; Appellate Court to decide case finally
if evidence on record enables it to do so, 565; Appellate Court may
frame issues for trial by Lower Court, 566; finding and evidence to be
put on record, 567; production of additional evidence in Appellate Court,
568; mode of taking additional evidence, 569; Appellate Court to specify
points to which evidence is to be confined, 570; judgment of Appellate
Court when and where pronounced, 571; language of judgment, 572;
when judgment to be translated, 573; contents of judgment, 574; decision
when-, is heard by two or more Judges, 575; any Judge dissenting from
judgment of Court to state in writing his reasons for the same, 576; what
judgment may direct, 577; no decree of Lower Court to be reversed, &c.,
for irregularity, 578; contents of decree of Appellate Court, 579; Judge
dissenting from judgment need not sign decree, 579; certified copies of
decree and judgment to be furnished to parties on application and at their
expense, 580; certified copy of decree to be sent to Court whose decree is
appealed against, 581; Appellate Court to have same powers as Courts of
original jurisdiction, 582; execution of decree of Appellate Court, 583;
on what grounds second appeal lies to High Court, 584-585; in what suits
no second appeal lies, 586; what provisions applicable to second appeals,
587;
from what orders passed under Code-, lies, 588-589; procedure in-,
from orders, 590; no-, from orders passed before decree, 591; pauper-,
592,593; when-, lies to Queen in Council, 595-596; from what judgment
no-, to Her Majesty in Council lies, 597; application to be made to Court
whose decree is complained of for grant of certificate to-, 598-600; appli-
cant to give security for costs of respondent and deposit amount to defray
expense connected with translating, &c., records, 602; procedure on
admission of—, 603; power of Court to revoke acceptance of security
before admission of-, 604; power of Court to order further security or
payment at any time after admission of—, and before transmission of
records to Her Majesty in Council, 605; effect of failure to comply with
orders, 606 appellant to obtain refund of balance of deposit when copy of
record has been transmitted to Her Majesty in Council, 607; powers of
Court pending-, 608-609; procedure to enforce orders of Queen in
Council, 610; orders made by Court of Her Majesty in Council appealable,
611; High Court may from time to time make rules consistent with Act,
612,652; such rules to be published in the local official Gazette, 612,652;
existing rules made and published by any High Court relating to—, to
Her Majesty in Council and in force before passing of Act, legalized, 613;
expression High Court' to include Recorder of Rangoon but not to
empower him to make rules binding on Courts other than his own Court,
614; construction of Bengal Regulation III of 1828, Section 4, clause 5,
615; nothing to bar exercise of Her Majesty's pleasure in receipt or rejec
tion of-, to Her Majesty in Council or to interfere with rules for conduct
of business before Judicial Committee, 616.
Appearance, in suit by whom, 36; personal-, of plaintiff or defendant, 66;
no person to be ordered to appear in person unless resident within 50 or
where there is a Railway 200 miles from Court House, 67,176; of defendant.
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