CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
851
order new trial.
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, O. 58, r. 5. 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 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 should be varied, he shall, within the time specified in section 614 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 section 613 shall be an eight days' notice.
Notice of appeal by respondent. O. 58, r. 6.
Length of notice by respondent. O. 58, r. 7.
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 same in the proper list of appeals, and it shall come on to be heard according to its order in such list, unless the Full Court otherwise directs, but so as not to come into the paper for hearing before the day named in the notice of motion.
0. 58, r. 8.
616. When any question of fact is involved in an appeal the evidence taken in the court bearing on such question shall, subject to any special order, be brought before the Full Court as follows:
(1) as to any evidence taken by affidavit, by the production of the affidavits; and
(2) as to any evidence given orally, by the production of the judge's notes, or such other materials as the Full Court may deem expedient.
question of
O. 58, r. 11.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
851
order new trial.
611. If on the hearing of an appeal it appears to the Full Power to 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, O. 58, r. 5. 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 Power as
be as to the whole or any part of the costs of the appeal as may just.
613. (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 should be varied, he shall, within the time specified in section 614 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 section 613 shall be an eight days' notice.
to costs. 0. 58, r. 4.
Notice of appeal by respondent. 0. 58, r. 6.
Length of notice by respondent. 0. 58, r. 7.
615. The party appealing from a judgment or order shall Setting leave with the Registrar a copy of the notice of motion to be down
appeal. filed, and the Registrar shall thereupon set down the appeal by 0.58, r. 8. entering the same in the proper list of appeals, and it shall come on to be heard according to its order in such list, unless the Full Court otherwise directs, but so as not to come into the paper for hearing before the day named in the notice of motion.
616. When any question of fact is involved in an appeal Evidence on the evidence taken in the court bearing on such question shall, appeal as to subject to any special order, be brought before the Full Court fact. as follows-
(1) as to any evidence taken by affidavit, by the production of the affidavits; and
(2) as to any evidence given orally, by the production of the judge's notes, or such other materials as the Full Court may deem expedient.
question of
0. 58, r. 11.
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