Section VII. _

VII. CZnusa 1. Thc ~ u d d c r Courts shall cause lists of the pet,i- tions which shall be presented for the adniissiou of special appeals to be - prepared weekly, and to be affixed in the Court-houscs of the said Sudder Courts respectively. The said lists shall set forth the dates on which such. petitions are likely to be brought on f61: hearing, aiid the said Sudder Courts shall cause extracts from the said lists to be transmitted to from the date of despatch of theextracts referring to the same -- .ACT NO. XVI. .OF `1853.` Clause 3.-If the petition of appeal or the appeal of either party be dismissed, withdrawn or rejected, thc application for appeal or the appeal, as tlin case may be, of tho other party, shall be heard alum accordiilg to the provisions of this Act ; otherwise, all applications for spefiial appeal and all admitted special appeals relating to the same decision, shall respectively be heard together uilless the Sudder Court shall otherwise order in ally case. VIPI. Glause 1.-It shall be lawful for one or more of the Judges ofc the said Sudder Courts, respectively, to hear applications for special .appeals, duly presented as aforesaid, in the presence of the appellant, or his pleader, and also of the respondent or his pleader or such of them as shall attend, and it shall be competent for such Judge or Judges to call for and peruse anv document forming a part of the record of the cause; or t o m thk amendment of the petition of special appeal forthwith, or within such time as he or they may order, not exceeding one month from the date of such order 4 or to make an order of reference to the Court which pronounced the decree appealed from for further information or explanation ; or to pass an order for admitting the appeal for hearing or for rejecting the same ; or, if it shall appear that the facts have not been sufficiently recorded, or that the case is otherwise so insufficient that the udder Court could not, if the appeal were admit-. ted, pass a final decree thereon, but for no other cause, to issue an injunction, setting forth the errors, irregularities, or other defects in the decision appealed against, and remanding the same to the Court by which the same shall have been passed, in order that such decision may be reviewed by the last mentioned Court, and that such order or decree may be passed thereon as shall be comformable to law. Provided always opinion as to admitting the appeal for hearing, it shall be admitted. Clause 2.-An order for admitting a special appeal for hearing shall specify, for the information of the Court, the grounds upon which it was admitted. But neither the Court nor the parties shall be confined to party be il or the ~rd alone tions for .he same er Court 'udges of. r special ppellant, of them ldges to d of the 1 appeal rceedii~g ~eference I further e appeal the facts rwise so : admit-. issue an ts in the :ourt by {ion may r decree 1 always pt upon ry such Liffer in :ed. ng shall h it was fined to ACT NO. XVI. OF `1853~` Clause 3.-If an order be passed for admitting the special appeal for hearing, the case shall be brought on to the file of the Court to be heard and determined in due course. Clnuse 4.-lf an order for rejecting a special appcal or for re~nalnding a case bc made by one Judge ooly, sucll order shell not be final, but it shall be laid before another Judge of the same Court, who shall hear the application for the appeal in the presence of the appellant or lris pleader and also of the respondent or his pleader or such of them as shall attend. If the second Judge be of opinion that the 'appeal ought to be rejected or the case remanded he aliall pass a final order to that affect ; if he be ofopinion that the appeal ought to be admitted he shall pass an order for admitting the same, and the appeal shall thereupon be admitted, heard and determined in due course in the same manner as if it had been admitted in the first instance. Clause 5.-A final order for remanding a case shall not be made without notice to the respondent to enable him to appear and be heard. Claztse 6.-Any Judge by whom an order for admitting a special appeal shall be made may certify that in his judgment the decision of the lower Court is manifestly erroneous upon any of the grounds upon which a special appeal will lie, and thereupon the appeal may be set down for hearing in a list to be called the list of certified special appeals. All cases entered in such list may be called up in due course for hearing and decision according to the provisions of this Act, without regard to thegeneral list of special appeals pending in the Sudder Court. C h s e 7.-If an application for a special appeal be heard by a number of Judges sufficient according to the provisions of this Act to hear and determine the appeal, and it shall appear that the decision is manifestly erroneous, or that the case ought to be remanded, the appeal mav `be` heard and determined forthwith, if the respondent or responden;s be present or represented by a pleader or pleaders, otherwise khe Court may order the case to be entered in the list o x f i e d appeals, ahd the ,[same shall be entered accordingly. ] IX. Clause 1.-Every order for rejecting a special appeal shall state the reason for disallowing each of the grounds set forth in the petition, and every such order of rejection may be Qnce reviewed by the _ `I*` - ---- --- -- - " - _ -- --- I - - ACT NO. XVI. OF 1853. . I Judge or J~ldges by whom the same was pzissed, or by any Judge or 1 Judges sitting for or instead of him or them, if they or he shall think fit to review the samc. Provided that no such review shall be allowed unless appligation for the same be made within three months from the date of such order. Clause 2.--1[ any such order be rescinded, or if the Judges who shall review the same shall be equally divided in opinion, the appeal shall be. admitted alld fl~e case brought on to the file of the Court and heard and . determined in9 due course. Clause &-A petition for the review of such order shall be written on paper stamped with a Government stamp of the value of two Rupees a X. clause 1.-When X. clause 1.-When any special appeal shall be admitted, the same shall be heard and determined by thrce or more of the Judges of the Sudder Court, and such hearing and determination shall be upon all the grounds whereon a special appeal will lie under this Act, Clause 2. -The Sudder Court may at any 'time before or at the time of the hearing of any special appeal or any application for a special . . appeal, allow either party to,amend t h e grounds of objection set forth in his petition, or to add further grounds Q£ objection thereto ; or `to` . ' urge and be heard by himself or his pleader-in support of any objection not included in his petition; upon such terms and conditions as to postponement of the hearing, and as to the payment of costs or otherwise, as the Court shall think just, to prevent the opposite party or his pleader from being taken by surprise or otherwise. Without such leave .of the Court, neither party shall be allowed to urge ox be heard in support of any objection not set forth in his petition. B u t upon hearing the application or determining the appeal the Sudder Court shall not be confined to the grounds of objection set forth in the petition. Bengal, Madras and Bombay, relating to specialappeals, shall continue in force, in the said Presidencies respectively, so far as they are not in- , . - consistent wit,h, or repealed by, this Act. GEO. PLOWDEN, `0857.` Secy. `to` tlze `Govt.. of` lndin;, Calcutta, 1853:--Printed at the Calcuttn Gazette Press, by T. Jones.