Section 0

An Act to prolong the law relating to Appeals and Reviews of Judgment in tlie Panjab. WHERXAS the law 1.elating to appeals and reviews of judgment in the Courts established in thc PanjAb has been amended by an Act of which the second section provides that it shall continue in force to the thirtieth day of April 1873 : And where- `as.` it is expedient to' repeal that Act and to re-enact it without prescribing any period for its continuance ;. It is heyeby enacted as follows :- 1. This Act niay be called " The Panjiib Appeals Act, 1873 :" Short title. It extends to the territoiirs for the time being under the govelmment of the Lieutenant Governor of the Panj Ab ; Commencemeut. And it shall come into force at once. 2. Act No. VII of 1868 (to umead the law relat- `k g` to A p p e d s mzd neviezos of Judgment ir, tlze Panjhb) is repkaled. is otherwise provided, be regulated by thc Code of Civil Procedure. 5.[If ][the decision of a Deputy Commissi~ner or ][Secolld ][regu- ] of a Commissioner passed in regular appeal reverse or[lar appeals. ] modify the decision of the Court of original jurisdiction on a point material to the merits of the case, the Cominissioner, where the decision shall have been passed on regular appeal by the Deputy Cominissioner, and the Chief Court where the decision shall have been passed on regular appeal by the Commissioner, may receive a second appeal, if, on a perusal of the grounds of apped and of copies of the judgments of the Courts below, a further consideration of the case appear to the Coinmissioner or the Chief Court (as the case may be) requisite for the ends of `6.` The memorandum of appeal prepared in the Time for form and containing the particulars mentioned in the presenting Code of Civil Procedure, accomlmnied by copies of appeal. the judgments of the lower Courts, shall be presented in the Court empowered to hear the appeal within the period hereinafter specified, unless the appellant shows sufficient cause to the satisfaction of such Court for not having presented - the -- - memorandum of appeal within such perioa, that is to say, within sixty days if the appeal lie to the Court of a Deputy Commissioner or Cominissioner, and within ninety days if the appeal lie to the Chief Court. -- i i The period shall be reckoned from and exclusive of the day on which the judgment and decree appealed against was pronounced, and also exclusive of such time as inay be requisite for obtaining a copy of the udginent and decree froiii which the appeal is made. i[[Confirmation ]] `I` of lowel! of decision court, of decision court, court, i 1 I I `1` i 1 i i `7.` When a inemonndum of appeal, or an appli-[[Confirmation ]] catioii for the admission of a special appeal, has been registered, the Appellate Court inajr, if it sees fit, of lowel! of decision court, of decision court, court, after fixing a time for healing the appellant or his and hearing him accordingly if he al3pears at such tinie, confirm the decision of the lower Court, sending illtiination of the appeal to such Court and without issuing notice to the respondent. $ 84 `8.` The Chief Court of the PanjAb may, whenever remove it thinks proper to do so, either on the agreement of the parties to that effect or for purposes of justice, remove and try any appeal falling within the jurisdiction of any Court subject to its superintendence. Chief coul.t remove appeals. - 9. Any person consideying himself aggrieved by a decree of a Court of original jurisdiction from which no appeal shall have been preferred to a superior Court, Review of judgment. or by a decree of a District or Divisional Court from which no regular or special appeal shall have been admitted by the Chief Court, or by a decree of the Chief Court from which either no appeal may have been preferred to Her Majesty in Council, or, an appeal having. been preferred, no proceedings in the suit have been transmitted to Her Majesty in Council ; and who, from the discoveiy of new matter or evidence which was not within his knowledge, or could not have been adduced by him, at the time when such decree was passed, or from any other good or sufficient reason, may be desirous of obtaining a review of the judgment passed against him,