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Report No. 18

Clause 17

This is intended to provide for appeal against decrees and orders made under the Act. It has been modelled on the corresponding provision of the other Acts1, with this verbal difference that decrees and orders will be appealable as "the decrees" of the court and not as "the orders" of the court. Orders are not normally appealable under the Civil Procedure Code, and therefore it would not be accurate to say that the decrees and orders will be appealable as the decrees "and orders" of the court in its original civil jurisdiction. Certain other verbal changes have also been made for clarity, and particularly to make it clear that the right of appeal need not be sought for in any other statute.

It may be noted that section 29 of the Converts' Marriage Dissolution Act bars an appeal, and merely provides for a reference of the case to the High Court. It is felt that an appeal would be more convenient than a reference. Hence the change.

1. Cited within the brackets alongwith the clause.

Clause 18

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Converts Marriage Dissolution Act, 1866 Back

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