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Section 282-233
XI of 1865-37, 38
Section 12-37
XX of 1865-272
Section 11-68

Section 40-66

XX of 1866-285

Section 53-176, 218, 223

I of 1868-

Section 2-11

VI (B. C.) of 1868-17
XIII of 1868-

Section 2-357

V of 1869-

Part 3, cl. (b)-248

VII (B. C.) of 1868-314
XIII of 1868-

Section 2-357

VIII (B. C.) of 1869-33, 34, 40, 89,

271, 329

Section 24-81

Section 27-34

Section 58-177, 182, 211

Section 98-38

Section 103-113

Section 112-10

XV of 1869—

Part 3-335
VII of 1870-90

Section 10-90
Section 11-186

Section 17-78

Section 18-219

Schedule 2, Art. 1-211, 224

X of 1870-32, 164

VI of 1871-

Section 18-254

Sections 19-22-36, 37

IX of 1871-348

Section 23-183
XXIII of 1871-31

Section 4-351

I of 1872-138

Section 3-26

Sections 11-15-34
Section 22-126

Section 23-126

Section 114-199, 229
Sections 121-125-134
Sections 127-132-126, 127
Section 130-135

Sections 148, 150-22

Section 164-135

IX of 1872-

Section 37-321

Section 69-272

Section 74-17

Sections 171, 217, 221-196

Section 265-24, 44, 190

X of 1872-21

Section 4-9

Section 154-97

X of 1873-

Sections 8, 9, 10-331
XVIII of 1873-34, 39

Section 95-33

II of 1874-

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pending suit, 242, 243

after attachment, 255-259
by pauper, 346

temporary, when allowed instead of sale
in execution, 279, 280

See Attachment, Execution.

ALLOWANCE-

for diet of prisoner, 310, 311, 376
how to be revised, 310

to be costs in suit, 311

AMENDMENT-

of plaint, 84-89
allowed, 87
disallowed, 88

of memorandum of appeal, 388
of application, for execution, 224
of issues, 87, 144-148

See Plaint.

ANNULMENT OF SALE-

suit for, will lie, 285

OF MOVEABLES-

not for irregularity, 377

IMMOVEABLES-

for irregularity when, 282,283,284
when debtor has no interest, 286,287
effect of, 287,288

See Execution, Sale.

ANSWER-

summons to appear and answer, 94
extension of time to answer, 353

consequences of refusal to answer by
pleader or party, 122

and appearances of Government by its
pleader, 354

omission to answer fully, 129

how answer may be insufficient, 129
failure to answer or give in pection,
137

APPEAL, 105, 106, 109, 110, 192, 205, 223,
227, 264, 285, 286, 17, 324, 346, 396, 397,
411, 42, 422, 425, 428, 430, 458

must be mentioned in, 20

application to execute, 211

in arbitration, 400

costs, when dismissed, 194, 195

appeals under other Acts than Civil
Procedure Code, 476

constitution of Appellate Court, 434

procedure where Court divided, 434

appeals under section 15, Letters

Patent, 595

value of, 400

when do not be, 440

grounds of, 141

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notice how published, 418, 419
substituted service, 419
contents of notice, 419
procedure on hearing, 4'9

right to begin, 419

dismissed for default, 419

default what is, 420

default in remanded case, 420, 421

ex-parte hearing, 420

failure to deposit costs, 420

re-admission of appeal struck off, 421

what is necessary for re-admission, 421
when adjournment allowed, 421
Court can add a respondent, 421
re-hearing of ex-parte suits, 422
cross appeal, 422

object of, 422

notice of cross appeal, 422, 424

619

cross appeal not allowed, when, 423
when fresh evidence called for, 428, 429

points to be defined, 429

case remanded to lower Court, 424
remand not allowed, 424

not if evidence is sufficient, 424
effect of remand order, 425

bars what evidence, 426

where issues may be directed, 426

issue referred to lower Court for trial,
427

procedure in such cases, 427

finding on issues to form part of record,

428

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620

APPEALS-(contd.)

what cases are not, 443

on what grounds, 439, 440
within what time, 439

what the memorandum must contain,

441

when to be amended, 442

nature of case when charged, 442

how far change allowed, 442

what points can be raised on, 442

error in procedure, 439

nature of the error, 439, 440

violation of written law, 439

where issues erroneously fixed, 440

special appeal on legal effect of facts
found, 440

it must be material, 440

special appeal from judgment founded

on wrong inferences, 440

from defect in procedure, 440
decision, effect of in, 442

when bars plea of limitation, 443

IN FORMA PAUPERIS, 448

who may appeal, 448

procedure on presentation of appeal,
448

fee not allowed in cross appeal, 448

form of application and procedure, 448
enquiry into pauperism, 448

APPEAL TO HER MAJESTY IN
COUNCIL-

Privy Council can grant special leave,
459

when leave will be granted, 416

FROM DECREES-

"costs in," meaning of, 194, 195

costs of, on minor coming of age, 458
definition of decree in such cases, 449
when lies, 450

not from the decree of a single Judge, 251
Value of the suit, 415

value of the appeal, 415

value how determined, 415

value of, two or more suits not consoli-
dated, 415

bar of certain appeals, 451

procedure in appeal, 451
application where made, 451
security bond, 452
in forma pauperis, 451
time to file, 451

Court cannot enlarge time for, 453
no appeal if certificate granted, 453
no appeal if certificate refused, 452
security and deposit required, 452
how revoked, 454

may order further security, 454
effect of failure to comply, 454
refund of balance, 455

admission of appeal, 453

no right to, without admission, 453

order of admission cannot be renewed,
453

order striking of, can, 454

powers of Court pending appeal, 455
Court may enforce decree, 455

or stay execution,

order staying execution ceases when, 456
security to stay execution increased, 456
a widow's interest not security, 454
amount of, 455

decree of Privy Council how executed,
457

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when not, 109

suit decided ex-parte for want of, 106, 107
cause shewn for non-appearance, 108
lawful excuses for non-appearance, 115
when suit should not be dismissed for
non-appearance, 122

when and how ex-parte judgment may
be set aside, 111, 112, 113
default of person summoned to produce
or give evidence, 157, 58, 159
appeal dismissed for want of, 419
appeal decided ex-parte for want of, 420
ex-parte judgment in appeal set aside 421
re-admission of dismissed appeal 421
who exempt from personal appearance,
474

women when exempt, 473

claiming exemption, costs occasioned
by, 474

exemption is absolute, 474

time for, to be fixed in summons, 101

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