Appeal against order of District Judge

§74

Summary

(1) An appeal shall lie from every order made by the District Judge under section 69 or section 70 to the High Court within thirty days from the date of the order : Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period. (2) Every person who prefers an appeal under sub-section (1) shall enclose with the memorandum of appeal a Government Treasury receipt showing that a deposit of five hundred rupees has been made by him either in a Government Treasury or in the State Bank of India in favour of the High Court as security costs of the appeal. (3) The High Court shall, subject to the provisions of this Act, have the same powers, jurisdiction and authority, and follow the same procedure, with respect to an appeal under this Chapter as if the appeal were an appeal from an original decree passed by a civil court situated within the local limits of its civil appellate jurisdiction : Provided that every appeal under this section shall be heard by a bench of not less than two judges. (4) Every appeal shall be decided as expeditiously as possible and endeavor shall be made to determine it finally within three months from the date on which the memorandum of appeal is presented to the High Court. (5) A copy of the order of the High Court on appeal shall be sent by the Registrar of the High Court to the State Government for information. (6) Where an appeal has been preferred against an order under clause (b) of section 69, the High Court may, on sufficient cause being shown, stay operation of the order appealed from and in such a case the order shall be deemed never to have taken effect under section 77 and shall not take effect until the dismissal of the appeal.

(1) An appeal shall lie from every order made by the District Judge under section 69 or section 70 to the High Court within thirty days from the date of the order : Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period. (2) Every person who prefers an appeal under sub-section (1) shall enclose with the memorandum of appeal a Government Treasury receipt showing that a deposit of five hundred rupees has been made by him either in a Government Treasury or in the State Bank of India in favour of the High Court as security costs of the appeal. (3) The High Court shall, subject to the provisions of this Act, have the same powers, jurisdiction and authority, and follow the same procedure, with respect to an appeal under this Chapter as if the appeal were an appeal from an original decree passed by a civil court situated within the local limits of its civil appellate jurisdiction : Provided that every appeal under this section shall be heard by a bench of not less than two judges. (4) Every appeal shall be decided as expeditiously as possible and endeavor shall be made to determine it finally within three months from the date on which the memorandum of appeal is presented to the High Court. (5) A copy of the order of the High Court on appeal shall be sent by the Registrar of the High Court to the State Government for information. (6) Where an appeal has been preferred against an order under clause (b) of section 69, the High Court may, on sufficient cause being shown, stay operation of the order appealed from and in such a case the order shall be deemed never to have taken effect under section 77 and shall not take effect until the dismissal of the appeal.

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