Repealed or not in force · As amended up to 2026-08
XI. Clause 1st. The Sudder Court m.ay call up for hearing and decisipn on any day the Court shall notify, arid without Sudder Court may `fi` a day to hear and regard to the place in which the case , stands in the determine objections to the a peal before general list of appeals, any grounds of objection filed by hearing tBe appeal. the respondent, or the appellant, to the appeal of the opposite party; and the Sudder Court niay hear and decide upon such grounds of objection, before calling the case up for decision upon tlie grouilds[- ] of objection , \ to tile decision of the lower Court.
`~lause~2nd.` Pf the grounds of objection filed by the appellant and respondent shall be upon points of law only, ancl shall not Appeal involving objections of law only raise any cluestioll of fact, the Sudcler Court may order may be heard and dcciJGJ `olr` fixed tiu;o the cosc to be celled u1) for hea~iog and clecisioil 011 place in rrithbnt rcga~d the hst of `to` nil- its day l~llicll the said Court shall notify, \~itIiout regxrd to l~cals. Ole place in wl~ich it stailcls ill the general list of apl,eals pending in the sa.icZ Court.
B
ACT No. IX. OF 1855.
CZause 31.d If the grounds of objection filed shall raise questions of iaw and fact, andit shall appear to the Sudder Court that the Appeal involvin obections oflawancffact decision of the law may render it unnecessary to deter- t w `to` be heard. . mine any question of fact so raised, the Court may order the case to be called up for decision upon the law alone in the first instance, in the manner pointed out in the last preceding Section ; and if the decision of the case upbn the law shall render it ui~necessary to determine any question of fact, the said Court shall pass a final decision in the case; otherwise the Coilrt shall determine the law only, and the case shall be afterwards set down in the list of regular appeals for hearing upon the question or questions of fact, and shall be determined in the same manner as any other regular appeal.
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Source: India Code