SHORT TITLE.
943
Schedule,-contd.
AMENDMENT OR REPEAL.
2. The Code of Civil
Procedure, 1901. (No. 3 of 1901), -contd.
C
44
(25) Section 509 is amended by the insertion, immediately after the word title in the third line, of the words unless he is in possession by virtue of a lease or tenancy granted by the plaintiff or his predecessor in title, or
(26) Section 512(i) sub-section (1) is amend- ed by the repeal of the word or in the penultimate line;
(ii) sub-section (2) is amended by the substitution of the word IS for the words I shall be in the ninth line.
(27) Section 535-the following section is sub-
stituted-
535.-(1) The decision of the court in Appeals in a summary way under section 532 and the interpleader. decision of the court on a question of law 0. 57, r. 11. under section 533 shall be final and conclusive against the claimants and all persons claiming under them unless leave to appeal is given by the court or by the Full Court.
(2) Where an interpleader issue is tried by a judge alone an appeal shall lie from any decision arrived at or any judgment directed by the judge.
(3) Where an interpleader issue is tried by a judge with a jury, an application for a new trial or to set aside the verdict, finding or judgment may be made.
(4) Where the court or a judge tries an interpleader issue and finally disposes of the whole matter under section 536, an appeal shall lie from the decision or judgment.
(5) Any appeal under this section shall be to the Full Court and shall be deemed to be interlocutory.'
(28) Section 551-the following sub-section is
substituted for sub-section (1)—
4
551-(1) Subject to the provisions of Reference this Code and to any right to have for report. particular cases tried by a jury, the court 15 & 16 Geo.
5, c. 49, may refer to a special referee for inquiry or report any question arising in any cause or matter, other than a criminal proceed- ing by the Crown."
(29). Section 562 is repealed.
sale or
(30) Section 641-(i) sub-section (1) is amended
by the substitution of the words redemption " for the words redemption or sale in the last line;
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66
(ii) sub-section (2) is amended--
(a) by the substitution for the words- and notwithstanding the dissent of any other person, and notwithstanding that the mortgagee or any person so interested does
s. 88.