Appeals.

§33

Summary

(1) An appeal against an order or award of the Collector shall lie to the Maharashtra Revenue Tribunal in the following cases :- (1) an order under sub-sections (2) and (3) of section 13 1[not being an order under which a true and correct return complete in all particulars is required to be furnished]; (2) a declaration 2[or any part thereof] under section 21; 3[(2a) an order under section 21-A;] (3) an award under section 25; (4) an order refusing sanction to transfer or divide land under section 29; (5) an order of forfeiture under sub-section (3) of section 29; (6) an amendment of declaration or award under section 37; and (7) an order of summary eviction under section 40. 4[(1A) Any respondent, though he may not have appealed from any part of the decision, order, declaration or award, may not only support the decision, order, declaration or award, as the case may be, on any of the grounds decided against him but take cross-objection to the decision, order, declaration or award which he could have taken by way of an appeal : Provided that, he has filed the objection in the Maharashtra Revenue Tribunal within 5[thirty days] from the date of service on him of notice of the day fixed for hearing the appeal, or such further time as the Tribunal may see fit to allow and thereupon, the provisions of Order 41, rule 22 of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908), shall apply in relation to the cross-objection as they apply in relation to the cross-objection under that rule.] (2) Every petition of appeal under sub-section (1), shall be accompanied by a 6* * * copy of the decision, order, declaration or award, as the case may be, against which the appeal is made. (3) In deciding such appeal the Maharashtra Revenue Tribunal shall exercise all the powers which a court has and follow the same procedure which a court follows, in deciding appeals from the decree or order of an original court, under the Code of Civil Procedure, 1908 (V of 1908).

(1) An appeal against an order or award of the Collector shall lie to the Maharashtra Revenue Tribunal in the following cases :- (1) an order under sub-sections (2) and (3) of section 13 1[not being an order under which a true and correct return complete in all particulars is required to be furnished]; (2) a declaration 2[or any part thereof] under section 21; 3[(2a) an order under section 21-A;] (3) an award under section 25; (4) an order refusing sanction to transfer or divide land under section 29; (5) an order of forfeiture under sub-section (3) of section 29; (6) an amendment of declaration or award under section 37; and (7) an order of summary eviction under section 40. 4[(1A) Any respondent, though he may not have appealed from any part of the decision, order, declaration or award, may not only support the decision, order, declaration or award, as the case may be, on any of the grounds decided against him but take cross-objection to the decision, order, declaration or award which he could have taken by way of an appeal : Provided that, he has filed the objection in the Maharashtra Revenue Tribunal within 5[thirty days] from the date of service on him of notice of the day fixed for hearing the appeal, or such further time as the Tribunal may see fit to allow and thereupon, the provisions of Order 41, rule 22 of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908), shall apply in relation to the cross-objection as they apply in relation to the cross-objection under that rule.] (2) Every petition of appeal under sub-section (1), shall be accompanied by a 6* * * copy of the decision, order, declaration or award, as the case may be, against which the appeal is made. (3) In deciding such appeal the Maharashtra Revenue Tribunal shall exercise all the powers which a court has and follow the same procedure which a court follows, in deciding appeals from the decree or order of an original court, under the Code of Civil Procedure, 1908 (V of 1908).

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