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Report No. 54

Chapter 42

Appeals from Appellate Decrees

Introductory

42.1. Procedure as to appeals from appellate decrees is dealt with in Order 42. In general the rules as to appellate procedure in first appeals apply to subsequent appeals.

Order 42, rule 2 (New)

42.2. We have already made a recommendation,1 that when a second appeal is admitted, reasons must be given, but that no reasons need be given for not admitting it.

1. See discussion under Order 41, rule 11, para. 41.15, supra.

Recommendation

42.3. Accordingly, we recommend that the following rule should be inserted in Order 42

"2(1) When an appeal from an appellate decree is admitted, the Court admitting it shall record its reasons for doing so.

(2) It shall not be necessary for the Court to record reasons for not admitting an appeal from an appellate decree."







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