1266
No. 3 of 1901.
Power to order new trial.
O. 58, r. 5.
Power as to costs.
O. 58, r. 4.
Notice of appeal by respondent. O. 58, r. 6.
CODE OF CIVIL PROCEDURE.
(2) Such further evidence may be given without special leave on any interlocutory application, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought.
(3) On any appeal from a judgment after the trial or hearing of any cause or matter on the merits, such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only, and not without special leave of the Full Court.
(4) The Full Court shall have power to draw inferences of fact, and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require.
(5) The powers aforesaid may be exercised by the Full Court, notwithstanding that the notice of motion may be "that part only of the decision may be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision.
611. If, on the hearing of an appeal, it appears to the Full Court that a new trial ought to be had, it shall be lawful for the Full Court, if it thinks fit, to order that the verdict and judgment, or the judgment, as the case may be, shall be set aside, and that a new trial shall be had.
612. The Full Court shall have power to make such order as to the whole or any part of the costs of the appeal as may be just.
613.-(1) It shall not in any circumstances be necessary for a respondent to give notice of motion by way of cross appeal, but if a respondent intends, on the hearing of the appeal, to contend that the decision of the court should be varied, he shall, within the time specified in section 614 or such time as may be prescribed by special order, give notice of such intention to any parties who may be affected by such contention.
(2) The omission to give such notice shall not diminish the powers of the Full Court, but may, in the discretion of the Full Court, be ground for an adjournment of the appeal or for a special order as to costs.
* As amended by Law Rev. Ord., 1924.