Punjab Appeals Act, 1873 [Repealed]
Repealed by Act 17 of 1877
(Received the assent of the Governor General on the 4th March 1873).
An Act to prolong the law relating to Appeals and Reviews of Judgment in the Panj b.
PREAMBLE
Preamble. Whereas the law relating to appeals and reviews of judgment in the Courts established in the Panj b has been amended by an Act of which the second section provides that it shall continue in force to the thirtieth day of April 1873: And whereas it is expedient to repeal that Act and to re-enact it without prescribing any period for its continuance; It is hereby enacted as follows:
Section 1. Short title
This Act may he called The Panj b Appeals Act, 1873:
Extent. It extends to the territories for the time being under the government of the Lieutenant Governor of the Panj b;
Commencement. And it shall come into force at once.
Section 2. Repeal of Act VII of 1868
Act No. VII of 1868 (to amend the law relating to Appeals and Reviews of Judgment in the Panj b) is repealed.
Section 3. Appeals when to lie
An appeal shall lie from the decrees of the Courts of original and appellate jurisdiction to the Courts authorized under Act No. XIX of 1865 (The Panj b Courts' Act) and Act No. IV of 1866 (The Panj b Chief Court Act) to hear appeals, except where such decrees are by law declared final.
Section 4. Code of Civil Procedure to apply to apply to appeals
All appeals falling within the jurisdiction of the Courts established in conformity with the said Acts shall, save as in the said Acts and in this Act is otherwise provided, he regulated by the Code of Civil Procedure.
Section 5. Second regular appeals
If the decision of a Deputy Commissioner or of a Commissioner passed in regular appeal reverse or in modify the decision of the Court of original jurisdiction on a point material to the merits of the case, the Commissioner, where the decision shall have been passed on regular appeal by the Deputy Commissioner, and the Chief Court where the decision shall have been passed on regular appeal by the Commissioner, may receive a second appeal, if, on a perusal of the grounds of appeal and of copies of the judgments of the Courts below, a further consideration of the case appear to the Commissioner or the Chief Court (as the case may he) requisite for the ends of justice.
Section 6. Time for presenting appeal
The memorandum of appeal prepared in the form and containing the particulars mentioned in the Code of Civil Procedure, accompanied by copies of the judgments of the lower Courts, shall be presented in the Court empowered to hear the appeal within the period hereinafter specified, unless the appellant shows sufficient cause to the satisfaction of such Court for not having presented the memorandum of appeal within such period, that is to say, within sixty days if the appeal lie to the Court of a Deputy Commissioner or Commissioner, and within ninety days if the appeal lie to the Chief Court.
The period shall he reckoned from and exclusive of the day on which the judgment and decree appealed against was pronounced, and also exclusive of such time as may be requisite for obtaining a copy of the judgment and decree from which the appeal is made.
Section 7. Confirmation of decision of lower Court
When a memorandum of appeal, or an application for the admission of a special appeal, has been registered, the Appellate Court may, if it sees fit, after fixing a time for hearing the appellant or his pleader, and hearing him accordingly if he appears at such time, confirm the decision of the lower Court, without sending intimation of the appeal to such Court and without issuing notice to the respondent.
Section 8. Chief Court may remove appeals
The Chief Court of the Panj b may, whenever it thinks proper to do so, either on the agreement of the parties to that effect or for purposes of justice, remove and try any appeal falling within the jurisdiction of any Court subject to its superintendence.
Section 9. Review of judgment
Any person considering himself aggrieved by a decree of a Court of original jurisdiction from which no appeal shall have been preferred to a superior Court,
or by a decree of a District or Divisional Court from which no regular or special appeal shall have been admitted by the Chief Court,
or by a decree of the Chief Court from which either no appeal may have been preferred to Her Majesty in Council, or, an appeal having been preferred, no proceedings in the suit have been transmitted to Her Majesty in Council;
and who, from the discovery of new matter of evidence which was not within his knowledge, or could not have been adduced by him, at the time when such decree was passed, or from any other good or sufficient reason, may be desirous of obtaining a review of the judgment passed against him,
may apply for a review of judgment by the Civil Court which passed, the decree, or by any Court to which the business of the former Court has been transferred.
Section 10. Judgments of Civil Courts subject to revision only as provided by Act
Except as hereinbefore provided, the judgments of the Civil Courts established in conformity with the said Acts and with Act No. III of 1868 (to authorize the Local Government of the Panj b to invest any person with the powers of am, Assistant Commissioner or Tahs ld r) shall not be subject to revision.