The Pocket Code of Civil Procedure, Containing Also the Mufassal Small Cause Court ACT, the Indian Registration ACT and the Indian Limitation ACT (Wit

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 Excerpt: ...days be/ore the date fixed for the hearing of the appeal." Such objection shall be in the form of a memorandum, Form of notice and the provisions of section 541, so far and provisions as they relate to the form and contents applicable there-of the memorandum of appeal, shall apply thereto. 562. If the Court against whose decree the appeal is made has disposed of the suit upon a preliRemand of case niinary point so as to exclude any evidence Court. aPP" of faot which appears to the appellate Court essential to the determination of the rights of the parties, and the decree upon such preliminary point is reversed in appeal, the appellate Court may, if it thinks fit, by order remand the case, together with a copy of the order in appeal, to the Court against whose decree the appeal is made, with directions to re-admit the suit under its original number in the register and proceed to investigate the suit on the merits. The appellate Court may, if it think fit, direct what issue or issues shall be tried in any case so remanded. 563. When a case is remanded with directions to take any evidence so excluded, the Court to When further which the case is remanded shall not take evidence barred..,. any other evidence in the case, except evidence tendered to contradict the evidence so taken. 564. The appellate Court shall not remand' " mand a case for a second decision, except as provided in section 562. 565. When the evidence upon the record is sufficient When evidence to enable the appellate Court to pronounce on record suffl-judgment, the appellate Court shall, after Court shSl'd re-settling the issues if necessary, finally termine case determine the case notwithstanding that finally. the judgment of the Court against whose decree the appeal is made has ...