12. On the hearing it shall not be competent for the appellant to go, forth in his notice of grounds for appeal; but
where, in the opinion of the Court, other grounds for appeal than those set forth in the memorandum of grounds
for appeal should have been given, or the statement of grounds of appeal is defective, the Court, in its discretion
may allow such amendments of the memorandum of grounds for appeal upon such conditions as to service upon
the
respondent
and
as
to
costs
as
it
may
think
fit.
13. (1) The respondent may give notice that he intends at the hearing to ask the Court to confirm the judgment
of the lower court on grounds other than those stated by that court.
(2) The notice shall be accompanied by a clear statement of the grounds on which the respondent intends to ask
the Court to confirm the judgment of the lower court.
(3) Such notice and grounds shall be filed in Court within 14 days of service on the respondent of the notice and
grounds for appeal, and shall be served on the appellant or his legal practitioner.
Counter- appeal.
14. (1) The respondent may file grounds for appeal against any part of the judgment of the lower court.
(2) The rounds shall be filed by the respondent within 14 days of service on him of the appellant's notice and
grounds for appeal, and shall be served on the appellant or his legal practitioner before the hearing.
15. (1) No objection on account of any defect in the form of setting forth any ground for appeal shall be allowed,
unless the Court is of opinion that the ground for appeal is so imperfectly or incorrectly stated as to be
insufficient to enable the respondent to enquire into the subject-matter thereof or to prepare for the hearing.
(2) In any case where the Court is of opinion that any objection to any reason for appeal ought to prevail, the
Court may, if it thinks fit, on for appeal forthwith to be amended upon such terms and conditions if any, as the
Court may think just.
16. On any appeal from a decision of a lower court, no objection shall be taken or allowed to any proceeding in
such court for any defect or error which might have been amended by that court, or to any complaint, summons,
warrant, or other process to or of such court for any alleged defect therein in substance or in form, or for any
variance between any complaint or summons and the evidence adduced in support
thereof in such court:
Provided, however, that if any error, defect, or variance mentioned in this rule appears to the Court at the hearing
of any appeal to be such that the appellant has been thereby deceived or misled, it shall be lawful for the Court
either to refer the case back to the lower court with directions to re-hear and determine it or to reverse the
decision appealed from, or to make such other order for disposing of the case as
justice may require.
17. No objection shall be taken or allowed, on any appeal, to any notice of appeal which is in writing or to any
recognisance entered into under this Order for the due prosecution of the appeal for any alleged error or defect
therein; but if the error or defect appears to the Court to be such that the respondent on the appeal has been
thereby deceived or misled, it shall be lawful for the Court to amend it and, if it is expedient to do so, also to
adjourn the further hearing of the appeal, the amendment and the adjournment, if any, being made on such terms
as the Court may think just.
18. The Court may, in any case where it considers it necessary that evidence should be adduced, either(a) order such evidence to be adduced before the Court on some day to be fixed in that behalf; or
(b) refer the case back to the lower court to take such evidence, and may in such case either direct the lower
court to adjudicate afresh after taking such evidence and subject to such directions in law, if any, as the Court
may think fit to give, or direct it, after taking such evidence, to report specific findings of fact for the information
of the Court, and on any such reference the case shall, so far as may be practicable and necessary, be dealt with
as if it were being heard in the first instance.
19. (1) When additional evidence is to be taken by the lower court and specific findings of fact reported, it shall
certify the evidence to the Court which shall thereupon proceed to dispose of the appeal.