Repealed or not in force · As amended up to 2026-08
28. When decision of first Appellate Court to be final.
29. Reference to Judicial Commissioller when decisioil of Lower Court confirmed on certain points.
28. If the Court of first appeal confirms the When deci. 'g decision of the Court of original jurisdiction on a epe;):apt matter of fact, such decision shall be final. C O L I I ~ to be to be
C O L I I ~ to be to be final.
29. If the Court of first appeal confirms the RcfelFoce to decision of the Court of original jurisdiction on a J:&~i:ialCommlssloner question 15
!
~
[ ACT XVII
Bzc?*/na @b?c~ts.
,
i i I
i i
I
mhelldeciquestion of law or custoln hairing the force of law, sion of Lower Court con- conor the construction of any docuuzent, or thc adiiiisfiyned on cer- sibility of any evidence affecting the merits of the tain points. case, the party aggrieved by such decision may apply to such Court to draw up a statement of the point as to which lie considers such Court to have made an incorrect ruling, and to submit it to the Judicial Commissioner, or to allow him to appeal on the same point to the Judicial Commissioner.
mhelldecision of Lower Court con- confiyned on certain points.
Such application or appeal shall not he admitted, unless it is made within the period prescribed by law for petitions of appeal. And if the statement is drawn up, or the appeal is allowed, the applicant shall be chargeable with the fee prescribed by law for petitions of appeal. -
-
In the case of an application to draw up a statement, if the Court consider that there is a question of law or custom having the force of law, or as to the construction of a document or adniissibility of evidence affecting the merits of the case, it shall draw up a statement of the same and of such facts only of the case as are necessary to explain it, and shall submit such statement, together with the record of the case, to the Judicial Commissioner.
If the COLIF~ refuses to draw up such statemeat, it shall record in writing its reasons for so refusing, and a certified copy of such reasons shall, on application to the Court, be furnished to any party to the suit. Tlie costs of a statelvent drawn up under this section shall be costs in the cause. The costs of an application under tl~i s ection to be allowed to appeal shall, if the appeal be allowed, be disposed of by the Court of appeal.
Procedure of `30.` The Judicial Commissioner shall, with as Commissionlittle delay as possible, proceed to try the case referer thereupou. red, as if it mere an appeal instituted in his Court, except that it shall not be necessary for the parties to be present :
the Judicial Commissioller shall send a copy of his judgment to the Court by wllich tlie case was submitteci
I
I
submitted, and the said Coui-t shall dispose of the case in. conformity with sucA judgment. `31.` When the Judicial Commissioner entertains Itefmellce by any doubt as to the decision to Be passed on any ap- Gp$ipeal made or case referred under this Act, he may siouer to make a reference `tx,` the High Court, and shall send High Court the record of the said appeal or case and all tlie proceedings connected therewith to the said Court.
Tlie procedure prescribed by section thirty shall, Procedure mutatis nzutundis, be followed by the High Court in thereul'On. the disposal of references made under this section.
Source: India Code