195.
Date of Hearing:If the appeal is not decided on written submissions, the Court shall fix a day for hearing
to which the parties shall be summoned.
196.
Hearing the Parties:On the day fixed the appellant shall be heard in support of the appeal and the respondent
shall be heard in reply, and in such case the appellant shall be entitled to reply.
197.
Non-Appearance of Appellant or Respondent:(1) Where on the day fixed for hearing, the appellant does not appear, the Court may
make an order that the appeal be dismissed.
2) Where the appellant appears but the respondent does not, the appeal shall be heard in
his absence.
198.
Re-admission or Re-hearing of Appeal:(1) Where an appeal is dismissed under section 197 (1), the appellant may apply to the
Court for re-admission of the appeal; and where it is proved that he was prevented by any
sufficient cause from appearing, the Court shall re-admit the appeal on such terms as to
costs or otherwise as it thinks fit.
2) Where the appeal is heard in the absence of the respondent under section 197 (2) and
judgement is pronounced against him, he may apply to the Court to re-hear the appeal;
and was prevented by any sufficient cause from appearing the Court shall re-hear the
appeal on such terms as to costs or otherwise as it thinks fit.
199.
Court to Direct Interested Party be made Respondent:Where it appears to the Court at the hearing that any person who was a party to the suit in
the Court from whose decree the appeal was submitted but who has not been made a
party to the appeal, is interested in the result of the appeal the Court may adjourn the
hearing and direct that such person be made a respondent.
200.
The Court may Frame the issues and refer them for Re-trial:1) Where the Court from whose decree the appeal is submitted has omitted to frame or try
any issue or to determine any point of fact which appears to the Court essential to the
right decision of the suit, the Court may, if necessary, frame issues and refer them for
trial to the Court from whose decree the appeal is submitted and in such case shall direct
such Court to take the additional evidence required.
(2) The Court to whom the new issues have been referred for trial, shall proceed to try
such issues and shall return them to the appellate Court, accompanied with minutes of
hearing, its decisions and its reasons therefore.
201.
Objection to Findings:(1) Such evidence and findings as are referred to in section 199 (1) shall form part of the
record of the suit, and either party may within a time to be fixed by the Court, present a
memorandum of objections to any findings.
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