452
Cross appeal.
Record of appeal.
Exclusive
powers of
RULES OF SUPREME COURT IN CHINA
(3) Copies of the motion-paper and the argument (if any) shall be served on such persons as respondents as the Provincial Court directs.
231.—(1) A respondent inay, within fourteen days after service of the motion-paper, file in the Provincial Court a motion-paper of cross- appeal and such argument as he desires to submit to the Supreme Court on the appeal and cross-appeal, if any.
(2) Copies thereof shall be furnished by the Provincial Court to such persons as that Court thinks fit.
232.--(1.) On the expiration of the prescribed time last referred to the Provincial Court shall, without the application of any party, make up the record of appeal, which shall consist of the writ of summons, particulars, statements of claim and defence (if any), orders, and proceed- ings, all written and documentary evidence admitted or tendered or a certified copy thereof, and the notes of the oral evidence, the appeal and cross-appeal motion-paper, and the arguments (if any).
(2) The several pieces shall be fastened together, consecutively numbered; and the whole shall be secured by the seal of the Court, and be forthwith forwarded by it to the Supreme Court.
(3) The Provincial Court shall not, except for some special cause, take on itself the responsibility of the charge or of the transmission to the Supreme Court of original letters or documents produced in evidence. They shall be returned to the parties producing them; and those parties shall produce the originals, if required by the Supreme Court, at or before the hearing of the appeal.
233.—(1) After the record of appeal is transmitted, until the Supreme Court appeal is disposed of, the Supreme Court shall be in exclusive possession
of the whole action as between the parties to the appeal.
after record
transmitted.
Appointment
of day for
(2) Every application in the action, as between the parties to the appeal, shall be made to the Supreme Court and not to the Provincial Court; but any application may be made through the Provincial Court.
234.—(1) The Supreme Court shall, after receiving the record of hearing appeal. appeal, fix a day for the hearing of the appeal, and shall give notice thereof through the Provincial Court to the parties to the appeal, such a day being fixed as will allow of the parties attending in person or by a legal practitioner, if they so desire.
Personal appearance.
New evidence.
General powers of
Supreme Court on appeal.
(2) But if all the separate parties to an appeal appear in person before the Supreme Court, or appoint persons there to represent them as their legal practitioners in the appeal, and cause the appearance or appointment to be notified to the Supreme Court, the Supreme Court may dispose of the appeal without being required to give notice through the Provincial Court to the parties to the appeal of the day fixed for the hearing thereof.
235. The Supreme Court may, if it thinks fit, require a party to an appeal to appear personally before it on the hearing of the appeal or on any occasion pending the appeal.
236. It is not open, as of right, to a party to an appeal to adduce new evidence in support of his original case, but a party may allege any material facts that have come to his knowledge after the decision of the Provincial Court, and the Supreme Court may in any case, if it thinks fit, allow or require new evidence to be adduced.
for
or
237.-(1) The Supreme Court may make any orders necessary determining the real question in controversy in the action as among the parties to the appeal, and for that purpose may amend any defect ot error in the record of appeal, and may enlarge the time for any proceed. ing except as otherwise by this Order expressly provided.
(2) The Supreme Court may direct the Provincial Court to inquire into and certify its finding on any question as between the parties to the
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