( ૨છ ) Bection 571.-Where an appeal is heard ex-parte in the absenco of the respondent, and judgment is given against him, we have here provided for his obtaining a re-hearing in case of his having been prevented by sufficient cause from attending when the appeal was called on. When the respondent gives notice of any objection to the decree which he might have taken by way of appeal, we have restricted him to raising questions between himself and the appellant. He should not, we think, be allowed to raise questions between himself and any other respondent or defendant. In the section (578) relating to remand by an Appellato Court, we have provided that the Court of first instance may he directed, not only to investigate the suit on the whole merits, but also to try a particular issue, or to take certain specified evidence. When a case is remanded for the purpose of taking certain specified evidence, we think that the Court to which the case is remanded should take no other evidence in the case. Section 575,-We have here provided for the re-settlement by the Appellate Court of defective issues. section 518–when the Appellate Court frames, issues, and refers them for trial to the Court of first instance, we thiuk that it should also have power to prescribe the manner in which the additional evidence should be taken and the points to which it should be confined. Section 587.-When the decree appealed against is reversed, we have declared (in accordance with Sir B. Peacock's ruling in 1 Beng. A. C. 50) that the judgment of the Appellate Court shall state the relief to which the appellant is entitled. Section 589.—Where the appeal is heard by two Judges, who differ in opinion on a point of law, we think that they should confer together, and that the case should be reargued upon that point before one or more of the other Judges, and determined according to the opinion of the majority of the Judges before whom the point is argued, including the Judges who first heard the appeal. We have altered to this effect the corresponding section (538) of the Bill of 1865 (=Act XXIII of 1861, section 28). Where the appeal is heard by more Judges than two, if their opinions are cqually divided, we think (section 590) that the decree appealed from should be taken as affirmed, and that there should be no reference to the opinion of the Senior Judge. Chapter xiiil.—Of APPEALs from APPELLATE DECREEs. In view of the discussion which is pending on this subject, we have not thought it prudent to introduce any changes of principle here. But we wish to express our opinion that the effects of the present law are by no ineans satisfactory, because frivolous cases are thereby admitted to second appeal, important ones are cxcluded from it, and the High Courts are fettered by rigid rules in dealing with the cases which come up to them. We think it would be desirable to classify the suits which are admitted to second appeal rather by their importance than by the accident of their involving some question of law or practice. This would be in accordance with the proposals made in the pending Civil Appeals Bill for Bengal. The point is one on which we should be glad to receive opinions from the local authorities. The only change which we have here made is the introduction of a clause (608) providing for the case of a change of the pleader who has signed the certificate that the grounds of appeal are reasonable, CHAPreh XLtv. -Op APPEALs FROM ORDERs. We have added to the list of appealable orders those made under section 17 for staying proceedings in a suit, orders made under section 111 or 112 where a party refuses to answer a question put by the Court or fails to appear, orders in insolvency-matters, orders as to paupers, under section 409, and orders as to interleader-suits.
