278
Form of petition.
Service of petition.
Withdrawal of appeal
tion of appeal has been lodged;
PRIVY COUNCIL APPEALS.
hereto, and within a period of 2 months from the same date in the case of appeals from any other Courts:
(b) where the record arrives in England written, within a period of one month from the date of the completion of the printing thereof; Provided that nothing in this rule contained shall preclude an appellant from lodging his petition of appeal prior to the arrival of the record, if there are special reasons why it should be desirable for him to do so.
30. The petition of appeal shall be lodged in the form prescribed by Rule 47 hereinafter contained. It shall recite succinctly and, as far as possible, in chronological order, the principal steps in the proceedings leading up to the appeal from the commencement thereof down to the admission of the appeal, but shall not contain argumentative matter or travel into the merits of the case.
31. The appellant shall, after lodging his petition of appeal, serve a copy thereof without delay on the respondent, as soon as the latter has entered an appearance, and shall endorse such copy with the date of the lodgment.
Withdrawal of Appeal.
32. Where an appellant, who has not lodged his petition of appeal, before petition desires to withdraw his appeal, he shall give notice in writing to that effect to the Registrar of the Privy Council, and the said Registrar shall, with all convenient speed after the receipt of such notice, by letter notify the Registrar of the Court appealed from that the appeal has been withdrawn, and the said appeal shall thereupon stand dismissed as from the date of the said letter without further order.
after petition of appeal has been lodged.
33. Where an appellant, who has lodged his petition of appeal, desires to withdraw his appeal, he shall present a petition to that effect to His Majesty in Council. On the hearing of any such petition a respondent who has entered an appearance in the appeal shall, subject to any agreement between him and the appellant to the contrary, be entitled to apply to the Judicial Committee for his costs, but where the respondent has not entered an appearance, or having entered an appearance, consents in writing to the prayer of the petition, the petition may, if the Judicial Committee think fit, be disposed of in the same way mutatis mutandis as a consent petition under the provisions of Rule 56 hereinafter contained.
Dismissal of appeal where appellant takes no steps in prosecution thereof.
Non-prosecution of Appeal.
34. Where an appellant takes no step in prosecution of his appeal within a period of 4 months from the date of the arrival of the record in England in the case of an appeal from a Court situate in any of the
278
Form of petition.
Service of petition.
Withdrawal
of appeal
tion of ap-
peal has been lodged;
PRIVY COUNCIL APPEALS.
hereto, and within a period of 2 months from the same date in the case of appeals from any other Courts:
(b) where the record arrives in England written, within a period of one month from the date of the completion of the printing thereof; Provided that nothing in this rule contained shall preclude an appellant from lodging his petition of appeal prior to the arrival of the record, if there are special reasons why it should be desirable for him to do so.
30. The petition of appeal shall be lodged in the form prescribed by Rule 47 hereinafter contained. It shall recite succinctly and, as far as possible, in chronological order, the principal steps in the proceedings leading up to the appeal from the commencement thereof down to the admission of the appeal, but shall not contain argumentative matter or travel into the merits of the case.
31. The appellant shall, after lodging his petition of appeal, serve a copy thereof without delay on the respondent, as soon as the latter has entered an appearance, and shall endorse such copy with the date of the lodgment.
Withdrawal of Appeal,
32. Where an appellant, who has not lodged his petition of appeal, before peti- desires to withdraw his appeal, he shall give notice in writing to that effect to the Registrar of the Privy Council, and the said Registrar shall, with all convenient speed after the receipt of such notice, by letter notify the Registrar of the Court appealed from that the appeal has been withdrawn, and the said appeal shall thereupon stand dismissed as from the date of the said letter without further order.
after peti- tion of ap-
lodged.
33. Where an appellant, who has lodged his petition of appeal, peal has been desires to withdraw his appeal, he shall present a petition to that effect. to His Majesty in Council. On the hearing of any such petition a respondent who has entered an appearance in the appeal shall, subject to any agreement between him and the appellant to the contrary, be entitled to apply to the Judicial Committee for his costs, but where the respondent has not entered an appearance, or having entered an appearance, consents in writing to the prayer of the petition, the petition may, if the Judicial Committee think fit, be disposed of in the same way mutatis mutandis as a consent petition under the provisions of Rule 56 hereinafter contained.
Dismissal of appeal where appellant takes no steps in
prosecution thereof.
Non-prosecution of Appeal.
34. Where an appellant takes no step in prosecution of his appeal within a period of 4 months from the date of the arrival of the record. in England in the case of an appeal from a Court situate in any of the
No comments yet.
Private notes are available after approval.