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Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 682When reference is permitted before appellate court.

Sub-title IV

In KraftAmtlicher Text

In an appellate court, no reference may be ordered, except in the following cases:

(a) where there was no reference made in the court below and no express renunciation of such reference was made;

(b) where the subject-matter of the reference is, wholly or in part, different from that of the reference made in the court below, or in respect of which there was a renunciation;

(c) where the directions given to the referee by the court below were, in the opinion of the appellate court, defective or insufficient;

(d) where the appellate court is of opinion that the report is not so complete as to enable it to decide the cause:

Provided that nothing in this article shall operate so as to bar the appellate court from requiring further elucidations from the referees appointed by the court below.

Änderungsgeschichte
  • Amended by XV.1913.130