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Leave to appeal when,
Appeal by plaintiffs;
by defendants.
Personal appearance.
Evidence.
Original documents.
Limitation of time for appeal.
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In all cases security shall also be given by the appellant to the satisfaction of the Court, to an amount not exceeding 250 dollars, for the prosecution of the appeal, and for payment of all fees and charges in the Court below and in the Supreme Court, and of all such costs as may be awarded to any respondent by the Supreme Court.
If the last-mentioned security is given within fourteen days after motion made for leave to appeal, then and not otherwise the Court below shall give leave to appeal, and the appellant shall be at liberty to prefer and prosecute his appeal accordingly.
In any case other than the cases herein-before described, the Court below, if it considers it just or expedient (for reasons to be recorded in the minutes of proceedings) to do so, may give leave to appeal on the terms and in the manner aforesaid.
156. Where there are more plaintiffs than one an appeal cannot be prosecuted except by all the plaintiffs jointly..
Where there are more defendants than one, any one or more of them may prosecute an appeal separately; but defendants severing in appeal do so at the risk of costs if the severance is improper.
157. The Supreme Court may require any party to an appeal to appear personally before it on the hearing of the appeal, or on any occasion pending the appeal: otherwise personal appear- ance shall not be requisite.
158. It is not open, as of right, to any party to an appeal to adduce new evidence in support of his original case; but a party may allege any facts essential to the issue that have come to his knowledge after the decision of the Court below, and adduce evidence in support of such allegations; and for the furtherance of justice the Supreme Court may, where it thinks fit, allow or require new evidence to be adduced.
159. The Court below shall not, except for some special cause, take upon itself the responsibility of the charge or of the trausmis- sion to the Supreme Court of original letters or documents pro- duced in evidence in the suit.
Such original letters and documents shall be returned to the respective parties producing the same, and only copies thereof dufy certified shall be transmitted in the appeal record.
The respective parties must, however, be prepared to produce the originals, if required by the Supreme Court, before or at the hearing of the appeal.
160. After the expiration of six months from the date of a deeree or order leave to appeal against it shall not be given by a Provincial Court.
Application for leave to appeal must in that case be made to the Supreme Court, which shall grant such leave if, on consi- deration of all the circumstances of the case, it appears just and
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expedient that an appeal should be allowed, but not otherwise, and may impose such terms as to security and other things as seem just.
161. The foregoing Rules apply to suits for 250 dollars or Application of foregoing upwards, with respect to which a right of appeal is given by the Rules. Order in Council under which these Rules are framed, and shall also be applied, as far as may be, mutatis mutandis, in cases where special leave to appeal is applied for to a Provincial or the Supreme Court.
162. An appeal from a decree or order made at the hearing of Appeal a suit shall be made by petition.
petition: Motion.
Other appeals shall be made by motion.
IL-FROM DECREES OR ORDERS AT HEARING.
163. The appellant must file his petition of appeal in the Appeal Court below within fourteen days after leave to appeal is given. petition:
Time for filling. 164. The petition of appeal shall contain an exposition of Contents. the appellant's case as supported by evidence already before the Court, and by the record as it stands, and may not refer to any matter of fact not appearing by such record or evidence, or which may not by argument and inference be fairly deduced therefrom.
It shall set forth the grounds of appeal, and the particulars in which the decree or order appealed from is considered by the appellant to be erroneous or defective, and shall pray that the same may be reversed or varied, and that the Court above may make the particular order to which on the record and evidence as it stands the appellant conceives himself entitled, or such other order as the Court thinks just.
It may contain any matter by way of argument in support of the appeal.
165. The petition of appeal shall be served on such persons Service.
as the Court directs.
166. Any person on whom the petition of appeal has been Respondent's served may, within fourteen days after service, file in the Court answer. below an answer to the petition of appeal.
The answer shall contain an exposition of the respondent's case as supported by the evidence already before the Court, and by the record as it stands, and may not refer to any matter of fact not appearing by such record or evidence, or not by argument and inference fairly deducible therefrom.
It shall simply conclude with a demand that the appeal be dismissed.
It may contain any matter by way of argument against the appeal
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