| 6/1/2009 |
Bil-Malti
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| Board of Special Commissioners - Cases |
| Case No. 27/65 |
Decided: 3 April, 1970 |
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Board not bound by all the provisions of the Code of Civil Procedure; appellant' submission for the desertion of his own appeal not accepted by the Board as this would have been detrimental to him
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This appeal had been heard in toto and put off for a decision. When it was reappointed it was considered expedient for the differently composed Board to hear all evidence and submissions afresh. Appellant objected to this procedure and submitted a plea of desertion of appeal.
The Board observed, in the first instance, that not all the provisions of the procedures set out in the Code of Civil Procedure were applicable to it. In fact Legal Notice 749 of 1949 indicated the particular provisions that were applicable and specifically provided that apart from those the Board was to regulate its own proceedings. This notwithstanding, even were the provisions of the Code of Organisation and Civil Procedure to apply, the plea of desertion at this stage would in no way benefit the appellant. The Code provided that if a cause were deserted at the appeal stage the contested decision would become final. The hearing before the Board was considered to have reached such stage once the cases treated were appeals from a decision of the Commissioner.
An appeal was entered before the Court from this decision (see case no. 82).
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