Saturday, September 8, 2007

56. Appeals from Registrar and Judge.

56. Appeals from Registrar and Judge.
order 56
Appeals from Registrar and Judge

1. Appeals from certain decisions of Registrar to Judge in Chambers. (O. 56 r. 1)
(1) An appeal shall lie to a Judge in Chambers from any judgment, order or decision of the Registrar.
(2) The appeal shall be brought be serving on every other party to the proceedings in which the judgment, order or decision was given or made a notice in From 114 to attend before the Judge on a day specified in the notice.
(3) Unless the Court otherwise orders, the notice must be issued within 10 days after the judgment, order or decision appealed against was given or made, and must be served not later than 5 days before the date fixed for the hearing of the appeal. [Subs. PU(A)342/2000 w.e.f. 22 Sept 2000]
(3A) At the hearing of the appeal fresh evidence shall not be admitted unless the Judge is satisfied that– [Ins. P.U. (A) 192/93]
(a) at the hearing before the Registrar the new evidence was not available to the party seeking to use it, or that reasonable diligence would not have made it so available; and
(b) the fresh evidence, if true, would have had or would have been likely to have had a determining influence upon the decision of the Registrar.
(4) Except so far as the Court may otherwise direct, an appeal under this rule shall not operate as a stay of the proceedings in which the appeal is brought.
2. Appeal from Judge. (O. 56 r. 2) [Subs. P.U. (A) 192/93]
Subject to the provisions of section 68 of the Act, a party may appeal against any judgment, order or decision made by a Judge in Chambers.

No comments: