ENACTMENT NO. 5 OF 1956 ADMINISTRATION OF THE LAW OF THE RELIGION OF ISLAM ENACTMENT 1956
PART III - RELIGIOUS COURTS JURISDICTION Procedure in Civil Proceedings
Section 83. Appeals.
(1) Subject to the provisions of sub-section (1) of section 38 of this Enactment any party to a civil proceeding in the Court of the Chief Kathi or of a Kathi may appeal against the judgment or order of such Court to the Religious Appeal Court.
(2) Such appeal shall be brought by filing, in the Court which gave or made the judgment or order appealed from, a notice of appeal addressed to the Court, and by paying the prescribed fee. The Court shall serve a copy of such notice as soon as possible on each respondent.
(3) No notice of appeal may be filed after the expiration of fourteen days ftom the date upon which the Judgment or order appealed against was given or made:
Provided that on application to the Religious Appeal Court it may, if it considers the special circumstances render extension just, give leave to appeal within such extended time after the expiration of such fourteen days as it may think fit.
(4) On receiving a notice of appeal the presiding officer of the Court shall thereupon prepare and sign the grounds of his judgment, and shall supply to the appellant, on payment of the prescribed fees, a copy of such grounds, a copy of his note of the proceedings, and copies of any other documents which the appellant has stated that he requires to enable him to prepare the record.
(5) When the documents referred to in the preceding sub-section are ready, the Court shall give notice thereof to the appellant, and within twenty-one days after receipt of such notice the appellant shall file in the Court sufficient copies of a record or appeal. Four copies or the said record shall be forwarded by the Court to the President, and a copy shall be served on each respondent to the appeal. The record of appeal shall consIst of a petItIOn addressed to the Reliaious Court of Appeal stating the grounds of the appellant's objection to the judgment or order appealed from a copy of the plaint, a copy of any written defence copies of any interlocutory orders, a copy of the Court's note of the proceedings, copies of all exhibits and documentary evidence, a copy of the judgment or order, a copy of the grounds of judgment, a copy of the notice of appeal and an index. If the record is irregular, or is filed out of time, or if any respondent has not been served, the Court shall inform the President of such facts.
(6) A respondent to an appeal may give notice to the Court and the other parties thereto that he intends to contend that the judgment or order appealed from should be varied, and such notice shall operate as a cross-appeal.
(7) The Court may in its discretion grant a stay of execution of any judgment or order pending appeal.
(8) On receiving copies of the documents referred to in sub-section (5) of this section the President shall submit them to the Religious Appeal Court selected by him for tbe bearing of such appeal.
(9) Tbe Religious Appeal Court shall then fix a date for hearing the appeal and' shall notify the parties of the date upon which and place where such appeal shall be heard.
(10) On the appeal coming on for hearing the Religious Appeal Court shall hear the appellant, and, If It considers necessary, the respondent to the appeal and may then make such order in accordance with subsection (4) of section 38 of this Enactment as it shall consider appropriate.