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Report No. 27 Order XL1, rule 25 This carries out the recommendation made in the 14th Report1. The object is to require the lower court (where a case is remanded) to return the evidence within a period fixed by the appellate court. 1. 14th Report, Vol. I. Order XLI, rule 26A (New) This carries out the recommendation made in the 14th Report1. The object is to require the appellate court, while remanding a case, to fix the date of hearing before the lower court, so as to avoid the delay caused by issue of notices by the lower court. 1. 14th Report, Vol. I. Order XLI, rule 27 This carries out the recommendation made in the 14th Report1. The object is to provide that additional evidence may be allowed by the appellate court, if the evidence could not be produced in the lower court, because it was not within the knowledge, etc., of the party seeking to produce it now. See also Allahabad, Madras2 and Patna Amendments. 1. 14th Report, Vol. I. 2. See Krishna Reddi v. Rami Reddi, AIR 1954 Mad 848 (850), para. 4. Order XLI, rule 30 This seeks to make certain amendments regarding pronouncement of judgments, etc., of an appellate court, on the lines of those proposed for trial courts1. 1. See the amendment proposed to Order 20, rule 1. Order XLI and first appeals to High Court Certain recommendations relating to appeals to the High Court from original decrees of Subordinate Courts were made in the 14th Report1, which drew attention to Order XLIA inserted by Madras. These can be carried out by the High Courts. 1. 14th Report, Vol. I. Order XLI and second appeals Certain recommendations have been made in the 14th Report1 as to the memorandum of appeal in second appeals. These can be considered by the High Courts. 1. 14th Report, Vol. I.    |
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