(1) No second appeal shall lie except on the second appeal grounds mentioned in section 41. ;rrl o other . 'ounds.
(2) No second appeal shall lie in any suit of the nature No second- apcognizable by Courts of Small Causes when the amount peal in certain or value of the subject-matter of the original suit does not “**' exceed five hundred rupees.
8 * = * L] 43‘ * * 4 * * 44-A. The *[High Court] may call for the record of any Revision.
case which has been decided by any Court subordinate to it and in which no appeal lies thereto, and if such subordinate Court appears—
(a) to have exercised a jurisdiction not vested in it by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity;
the '[High Court] may make such order in the case as it thinks fit.
44-A. (1) The period of limitation for on appeal perioa of Limiunder section 41 of this Part shall be ninety days from the tation.
date of ihe oecree appealed against. .
(2) In computing this period and in all respects not herein specified the limitation of an appeal under the said section shall be deemed to be governed by the provisions of the ‘Indian Limitation Act, 1908 ) -~ 1Inserted by Punjab Act VI of 1941, section 2(a). i 2Sub-section (3) omitted by Punjeb Act VI of 1942, section 2(b).
2Repealed by Punjab Act IV of 1919, section 2(4).
4Substituted for the words “Chief Court” by Punjab Act IV of 1919, section 2(5).
3See now the Indian Limitation Act, 1963.
586 courts [1918 : Ph. Act'yy
CHAPTER V.
SUPPLEMENTAL PROVISIONS Mode, o8 ton= '[45- Except as otherwise provided by this part, any fering powers. powers that may be conferred by the High Court on any person under this part may be conferred on such person \either by name or by virtue of office.]
Continuance of 46. Whenever any person holding an office in tho powers of offi- seryice of Government who has been invested with any e powers under this Part throughout any local area is trapg, ferred or posted at any subsequgnt' time to an equal op . higher office of the same nature within a like local area, he shall, unless the *[High Courtl, otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.
Provisions re- °l46-A. The High Court may from time to time make “‘f";‘é Petitlon- 1les consistent with this Act and any other enactment for w the time being in force:—
(a) declaring what persons shall be permitted to act as petition-writers in the Courts subordinate thereto; :
(b) regulating the issue of licenses to such persons, the conduct of business by them, and the scale of fees to be charged by them; and
(c) determining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed.]
c‘g*’;gfga y‘;f list 47. ‘[(1) Subject to such general orders as may be * made by the °[Central Government] the High Court shall prepare a list of days to be observed in each year as holidays in the Civil Courts subordinate thereto.]
(2) Every such list shall be published in the Official Gazette.
Substituted by Punjab Act IX of 1922, section 16. 2Substituted by Punjab Act IX of 1922, section 17, for “Local Go- vernment”, 8Added by Punjab Act IV of 1919, section 2(6). 4Substituted by Punjab Act IV of 1919, section 2(7). SSubstituted for the word “State Government” by the Punjab Re- organisation (Chandisnrh) (Adaptation of Laws on State and Con- current Subjects) Order 1968, 1918 : Ph. Act VL] courrs 587 '[47-A. All suits, appeals, revisions, applications, re- :’r'd"i‘r'l‘;"”;mdrl‘;‘z views, exccutions and other proceedings whatsoever whe- Ig,mccedlng, ther Civil or Criminal pending in the Chief Court of the Funjab shall be continued and concluded in the High Court of Judicature at Lahore as if the same had been had in such High Court; and the High Court of Judicature at Lahore shall have the same jurisdiction in relation to all such suits, appeals, revisions, reviews, executions, applitions and other proceedings as if the same had been comnmennced and continued in such High Court.]
48. * * * * 2% * * * .,
49. (@) In section 117(2) of the Punjab Land Re- Amendment ot venue Act, 1887, in clause (c), “Subordinate Judge” shall e, Puniab Lz:‘:
be substituted for “District Judge” and in clause (d) and Punjab Tenancy ((: e) r‘;l’)istrict Court” shall be substituted for “Divisional Act end = the ourt”. & . . Act.
(b) In section 99(1) of the Punjab Tenancy Act, 1887 “District Judge” shall be substituted for “Divisional Judge”. i (¢) In section 7(v) (b) of the Indian Court-fees Act, 1870, for the word “five” shall be substituted the word “ten”.
50. For the definition of “District Judge”, in section defi,,”:{’,’;fi‘,‘“:;‘ tmf.
2(15) of the Punjab General Clauses Act, 1898, the fol- trict b—‘“dg: — lowing shall be substituted:— . §.‘;’:,’:e,, nAct_ i 1898, “District Judge” shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include the *[High Court] in the exercise of its ordinary or extraordinary original civil jurisdiction.
‘[51. In every enactment now in force, and in every Reference 1n i =ity 1sti - appointment, order, rule, bye-law, notification or form Tnepses ,oi';‘;;;, made or issued thereunder all references to the Chief Court.
Court of the Punjab shall be construed when necessary as referring to the High Court of Judicature at Lahore *[until 1Addeq by Punjab Act, IV ot 1919, section 2(8).
2Repealed Ly Punjub Act, IV of 1919, section 2(4).
#Substituted for the words “Chief Court” by Punjab Act IV of 1019, section 2(5).
*Added by Punjeb Act, IV of 1919, section 2(9).
#Inserted by the Indjan Independence (Adaptation of Benga]l and Punjab Acts), Order, 1948 (G.G.O, 40), 588 courts [1918 : Ph. Act VI the fifteen days of Auguist, 19471, '[from that date and b, fore the commencement of the Constitution, as referrip, to the High Court of Tast Punjab, *lafter the commencq.
ment of the Constitution, and before the 1st-day of Nov.
ember, 1966 as referring to the Iigh Court of Punjab apg on and from that date, as referring to the High Coyrt of Punjab and Haryanal.
THE SCHEDULE (See Section 2 of this Part) 1 v] 3 4 Year No. Sabject or short title EXtent of repeal AcTs OF THE GOVERNOR-GENERAL IN Council 1884 XVII TheDunjeb Courts Acts The whole 1682 X1 Citto Do 1825 XIX Ditto Do 1899 XXV Ditto Do AcCTs OF THE LIBUTENANT-GOVERNGR of THE Punias 1N CouNciL 1905 1 Punjab Courts Amendment Act The whole 912 I Ditto Do 1913 vi Ditto Du . JSubstituied for the words “and thereafter, as referring to the High Court of East Punjab” [vide the Indian Independence (Adzptation of Bengal and Punjab Acts) Order, 1943] by the Adaptation of Laws (Third Amendment) Order, 1951.
“Substituted for the words “and after the Commencement of the Constitution as referring to the High Court of Punjab” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on Stcte and Concuarent Subyeets) Order, 1968,