আপিল বিভাগে আপিল

Section : ২৯৫

(1) In the case of any judgment passed by the High Court Division under section 294, if the High Court Division certifies the said judgment as appealable to the Appellate Division, an appeal shall lie in that case.

(2) As far as the provisions of the Code of Civil Procedure 1908 (Act No. V of 1908) are applied by the High Court Division in respect of decrees, the said provisions shall, so far as possible, be applicable to appeals under this section to the Appellate Division:

Provided that nothing in this section shall be construed as affecting the provisions of sub-section (2) or (4) of section 294:

Provided further that the High Court Division may supply to any court subordinate to it a petition brought in execution of the order in respect of which costs are allowed as per the order of the Appellate Division. 

(3) In cases where the judgment given by the High Court Division under this section is varied, the order of the Appellate Division shall be given effect to in the same manner as is followed for executing the judgment of the High Court Division as described in sub-sections (2) and (4) of section 294.

(4) As the provisions of sub-sections (3) and (4) of section 294 relating to payment of costs and taxes are applicable under section 294 in reference cases in the High Court Division, the said provisions shall be equally applicable to appeals in the Appellate Division.