850
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Service of notice of motion for appeal, etc. O. 58, r. 2.
Length of notice.
O. 58, r. 3.
General powers of the Full Court in hearing appeal. O. 58, r. 4.
608.-(1) The notice of motion shall be served on all parties directly affected by the appeal, and it shall not be necessary to serve parties not so affected; but the Full Court may direct the notice of motion to be served on all or any parties to the action or other proceeding, or on any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal on such terms as may be just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties.
(2) The notice of motion may be amended at any time as the Full Court may think fit.
609. The notice of motion shall be a fourteen days' notice.
610.—(1) The Full Court shall have all the powers and duties as to amendment and in all other respects of the court, together with full discretionary power to receive further evidence upon questions of fact, such evidence to be either by oral examination in court, by affidavit or by deposition taken before the Registrar or a commissioner.
(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.
850
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Service of notice of motion for appeal, etc. O. 58, r. 2.
Length of notice.
O. 58, r. 3.
General powers of the Full
Court in hearing appeal. O. 58, r. 4.
608.-(1) The notice of motion shall be served on all parties directly affected by the appeal, and it shall not be necessary to serve parties not so affected; but the Full Court may direct the notice of motion to be served on all or any parties to the action or other proceeding, or on any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal on such terms as may be just, and may give such judg- ment and make such order as might have been given or made if the persons served with such notice had been originally parties.
(2) The notice of motion may be amended at any time as the Full Court may think fit.
609. The notice of motion shall be a fourteen days' notice.
,
610.—(1) The Full Court shall have all the powers and duties as to amendment and in all other respects of the court, together with full discretionary power to receive further evidence upon questions of fact, such evidence to be either by oral examination in court, by affidavit or by deposition taken before the Registrar or a commissioner.
(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 hear- ing 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.
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