Addition to Order XXIX
of new rules 15A, 158. BC, 15D and 152.
(7) Within fourteen days after filing the notice of motion, or within such further time as the Registrar or the Full Court may allow, the appellant shall-
(a) file in the Registry the record of appeal together with sufficient copies thereof for the use of the judges of the Full Court; and
(3) serve a copy of the record of appeal on each party who has been served with the notice of motion.".
6. Order XXIX of the principal rules is amended by the addition, after rule 15, of the following new rules --
"Failure to Ale record of appeal.
Full Court may direct service of record of appeal or notice of cross-appeal on any party
or other person not served.
Full Court muy dituiss appeal it Mar dum of ppes]
defective or any part of record of
appeal ant
filed or copy
thereof not supplied in prescribed dime.
15A. (1) Where an appellant omits to comply with rule 15 any respondent who has given notice of cross- appeal may proceed with his cross-appeal.
(2) In any such case the respondent shall, as soon as practicable, or within such time as may be allowed by the Registrar or by the Full Court, file a record of appeal, as is prescribed by rule 15, together with copies thereof for the use of the judges of the Full Court, and shall serve copies thereat on the appellant and any other parties to the appeal.
15B. When an appeal is called on for hearing, or at any previous time on the application of any person interest- ed, the Full Court may direct that a copy of the record of appeal, or any notice of cross-appeal, be served on any party to the cause or matter who has not been served there- with, or on any other person not already a party to the cause or matter, and may, for the purpose of such service, adjourn the hearing upon such terms as are just, and may give such judgment and make such order as might have been given or made if the parties served with
copy of the record of appeal or notice of cross-appeal had been orginal- ly parties.
15C. (1) If the memorandum of appeal is not drawn up in the prescribed manner, the appeal may be dismissed.
(2) If any part of the record of appeal is not filled, of any copy thereof is not supplied, within the prescribed time, and do sufficient ground is shown for the delay, the appeal may be dismissed.
Amendments,
Power of Fall Court to abridge or extend time.
S
15D. The Full Court may at any time allow amend- ment of the notice of motion, or notice of cross-appeal, or memorandum of appeal, or other part of the record of appeal on such terms as to costs, adjournment or otherwise, as it thinks fit.
15E. (1) Without prejudice to any other power the Full Court may have for the same or a similar purpose the Full Court may, in its discretion in any case where the interests of justice so require or where the parties agree. by order extend or abridge the period within which any person is required by this Order or by any judgment, order or direction, to do any act or thing in any proceeding.
(2) Any such period as is referred to in paragraph (1) may be extended under this rule although the application for extension is not made until after the expiration of that period.".
7. Rule 19 of Order XXIX of the principal rules is revoked and Revocation replaced by the following-
"Cross- appeal.
Schedule, Form 64.
19. (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 below should be varied, he shall, at any time after the setting down of an appeal but not later than fourteen days after the service on him of the record of appeal, give notice of cross- appeal to the appellant and any other party who may be affected by such notice and shall, within a like period, file in the Registry a copy of such notice, accompanied by sufficient copies thereof for the use of each of the judges of the Full Court.
(2) The notice of cross-appeal shall set forth concisely. and under distinct heads without argument or narrative the grounds upon which it is contended that the decision of the court below should be varied either in any event or in the event of the appeal being allowed in whole or in part and the precise form of the order which it is proposed to ask the Full Court to make, or in that event, as the case may be.
(3) Notice of cross-appeal shall be substantially in Form 64 in the Schedule.
(4) A respondent shall not be entitled on the hearing of an appeal to contend that the decision of the court below
nod replace- ment of rula 19 of Order XXIX.
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