Supreme Court of Calcutta – In circumstances showing conflicting and opposite decisions by the Sudder Court upon the same question at issue, between the same parties, an appeal treated under the Statute, 8th and 9th Vict, c. 30, sec 2, as abandoned for non-prosecution, was restored upon terms of paying costs and undertaking to lodge cases forthwith, and to lodge security or a Bond in England, to the amount of andpound;500.
Where an appeal has been treated as abandoned by Statute, 8th and 9th Vict., c. 80, sec. 2, their Lordships have no power to grant leave to institute a new appeal: only a discretion to allow the original appeal to be restored.
Citations:
[1857] UKPC 16
Links:
Jurisdiction:
Commonwealth
Litigation Practice
Updated: 24 August 2022; Ref: scu.424525