A.D. 1853.]
ACT XV.
400c
to the rules now applicable to the determination of such cases, whether or
not the appellant shall be allowed to appeal in format, pauperis.
If the Sudder Court allow the petitioner to appeal in forma
pauperis, notice shall be given to the respondent to hie his grounds of
objection in the manner provided by Section VII. of this Act, and
the same procedure shall be adopted subsequently thereto as in other
cases of regular appeal under this Act. The rules and conditions now
applicable to persons admitted by the Sudder Court to appeal in forma
pauperis shal! continue in force except where the same are inconsistent
with any of the provisions of this Act.
If the Sudder Court refuse to allow the petitioner to appeal in
forma pauperis, the said court may make an order to the efect that the
appeliant, upon fling a petition of appeal in that court, upon paper
stamped with the stamp-duty required by Article 8, Schedule B, Regu-
lation X. 1829, and upon refling his grounds of objection on paper
stamped with the stamp duty required by Article 9 of the same schedule,
may proceed with the appeal according to the rules prescribed by this
Act in the case of persons not appealing as paupers.
Upon such order being made, the appellant shall fie his peti-
tion and refle his objections upon paper stamped with the stamp-duty
required by Clause Fifth of this section, within two weeks from the date
of such order, or within such further time as the said court may allow for
that purpose, otherwise the appeal shall stand dismissed.
Upon the refling of the grounds of objection according to the
provisions of the last preceding clause, notice of the order and of the
refling of such objections shall be given to the respondent in the manner
prescribed by Section VII. of this Act, and the respondent shall be
required to fie his grounds of objection, if any, according to the provisions
of that section. The procedure subsequent to such notice shall be accord-
ing to the general provisions of this Act.
If an appellant shall petition to appeal in forma pauperis, his
grounds of objection may be written on plain paper.
XIV. If an appellant shall be admitted to appeal or a respondent to
defend in forma pauperis, all grounds of objection subsequently fled by
either party may be written on plain paper.
XV. No decision shall be reversed or altered, nor shall any case be
remanded upon appeal to the Sudder Court on account of any error,
defect, or irregularity not productive of injury to either party, nor opposed
to any express enactment contained in the general Regulations or Acts of
Government.
XVI. This Act extends only to regular appeals which shall be pre-
sented after the passing of this Act in civil cases appealable to either of
the Sudder Courts in the presidency of Fort William in Bengal.
Proceeding after ap-
peal admitted.
Proceeding if appli-
cation in forma pau-
Appellant, how to
proceed.
Respondent, how to
proceed.
Objection of the
pauper to be on plain
paper.
All subsequent plead-
ings to be on plain
paper.
the decree of the lower
court not to be dis-
turbed.
Limits to the opera
tion of this Act.
ACT XV.
400c
to the rules now applicable to the determination of such cases, whether or
not the appellant shall be allowed to appeal in format, pauperis.
If the Sudder Court allow the petitioner to appeal in forma
pauperis, notice shall be given to the respondent to hie his grounds of
objection in the manner provided by Section VII. of this Act, and
the same procedure shall be adopted subsequently thereto as in other
cases of regular appeal under this Act. The rules and conditions now
applicable to persons admitted by the Sudder Court to appeal in forma
pauperis shal! continue in force except where the same are inconsistent
with any of the provisions of this Act.
If the Sudder Court refuse to allow the petitioner to appeal in
forma pauperis, the said court may make an order to the efect that the
appeliant, upon fling a petition of appeal in that court, upon paper
stamped with the stamp-duty required by Article 8, Schedule B, Regu-
lation X. 1829, and upon refling his grounds of objection on paper
stamped with the stamp duty required by Article 9 of the same schedule,
may proceed with the appeal according to the rules prescribed by this
Act in the case of persons not appealing as paupers.
Upon such order being made, the appellant shall fie his peti-
tion and refle his objections upon paper stamped with the stamp-duty
required by Clause Fifth of this section, within two weeks from the date
of such order, or within such further time as the said court may allow for
that purpose, otherwise the appeal shall stand dismissed.
Upon the refling of the grounds of objection according to the
provisions of the last preceding clause, notice of the order and of the
refling of such objections shall be given to the respondent in the manner
prescribed by Section VII. of this Act, and the respondent shall be
required to fie his grounds of objection, if any, according to the provisions
of that section. The procedure subsequent to such notice shall be accord-
ing to the general provisions of this Act.
If an appellant shall petition to appeal in forma pauperis, his
grounds of objection may be written on plain paper.
XIV. If an appellant shall be admitted to appeal or a respondent to
defend in forma pauperis, all grounds of objection subsequently fled by
either party may be written on plain paper.
XV. No decision shall be reversed or altered, nor shall any case be
remanded upon appeal to the Sudder Court on account of any error,
defect, or irregularity not productive of injury to either party, nor opposed
to any express enactment contained in the general Regulations or Acts of
Government.
XVI. This Act extends only to regular appeals which shall be pre-
sented after the passing of this Act in civil cases appealable to either of
the Sudder Courts in the presidency of Fort William in Bengal.
Proceeding after ap-
peal admitted.
Proceeding if appli-
cation in forma pau-
Appellant, how to
proceed.
Respondent, how to
proceed.
Objection of the
pauper to be on plain
paper.
All subsequent plead-
ings to be on plain
paper.
the decree of the lower
court not to be dis-
turbed.
Limits to the opera
tion of this Act.