Order XVI - Hearing of Appeals : Supreme Court Rules 2013

What is the process of Hearing of Appeals? Order XVI of Supreme Court Rules 2013

 

Order XVI of Supreme Court Rules 2013 : "Hearing of Appeals"

1. At the hearing of an appeal not more than one advocate shall be heard on behalf of the appellant/appellants and not more than one Advocate on behalf of each respondent/each set of respondents, unless directed otherwise by the Court.

 

 

2. No party shall, without the leave of the Court, rely at the hearing on any ground not specified in the statement of the case filed by him.

3. Where the Court, after hearing an appeal, decides to reserve its Judgment thereon, the date of pronouncement shall be notified by the Registrar in the daily cause list.

4. (1) An appellant whose appeal has been dismissed for default of appearance may, within thirty days of the order, present a petition praying that the appeal may be restored and the Court may, after giving notice of such application to the respondent who has entered appearance in the appeal, restore the appeal if good and sufficient cause is shown, putting the appellant on terms as to costs or otherwise as it thinks fit, or pass such other order as the circumstances of the case and the ends of justice may require.

(2) Where an appeal is heard ex-parte and Judgment is pronounced against the respondent, he may apply to the Court to rc-hear the appeal, and if he satisfies the Court that the appeal was set down ex-parte against him without notice to him or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing the Court may re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him.