1276
Power to order new trial. 0.58 r. 5.
Power as to costs. ib. r. 4.
Notice of appeal by respondent.
ib. r. 6.
Length of notice by respondent. ib. r. 7.
Setting down appeal. ib. r. 8.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
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, under 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 the next section 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.
614. Subject to any special order which may be made by the Full Court, notice by a respondent under the last section shall be an 8 days' notice.
615. The party appealing from a judgment or order shall leave with the Registrar a copy of the notice of motion to be filed, and the Registrar shall thereupon set down the appeal by entering the
* As amended by No. 50 of 1911.
Page 145
Page 146
1276
Power to order new trial. 0.58 r. 5.
Power as to costs. ib. r. 4.
Notice of appeal by respondent.
ib. r. 6.
*
Length of notice by respondent. ib. r. 7.
*
Setting down appeal. ib. r. 8.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
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, under 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 the next section 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.
614. Subject to any special order which may be made by the Full Court, notice by a respondent under the last section shall be, an 8 days' notice.
615. The party appealing from a judgn nt or order shall leave with the Registrar a copy of the notice motion to be filed, and the Registrar shall thereupon set down the appeal by entering the
* As amended by No. 50 of 1911.
Page 145Page 146
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