State Act

The Chota Nagpur Tenancy Act,1908

[215. Appeals from orders of Deputy Commissioner. - (1) All orders passed by a Deputy Commissioner in suits tried by him under sub-clause (c) of clause (2) or clause (7) of Section 139, if the amount sued for, or the value of the property claimed does not exceed one hundred rupees, the judgement of the Deputy Commissioner shall be final and not subject to appeal, unless a question relating to a title to land, or to some interest in land, as between parties having conflicting claims thereto, has been determined by the judgement, in which case the judgement shall be open to an appeal which shall lie to the Judicial Commissioner unless the amount or value in dispute exceeds five thousand rupees in which case the appeal shall lie to the High Court. (2) When any such suit in which, if tried and decided by a Deputy Commissioner, the judgement of the Deputy Commissioner would be final as tried and decided by a Deputy Collector, an appeal from the judgement of the Deputy Collector shall lie to the Deputy Commissioner unless a question relating to a title to land, or to some interest in land, as between parties having conflicting claims thereto, has been determined by the judgement, in which case the judgement shall be open to appeal to the Judicial Commissioner and to the High Court as provided for in sub-section (1). (3) In all other suits before the Deputy Commissioner or Deputy Collector under this Act, an appeal from the judgement of the Deputy Commissioner or Deputy Collector shall lie to the Judicial Commissioner, unless the amount or value in dispute exceeds five thousand rupees, in which case the appeal shall lie to the High Court. (4) All orders passed by a Deputy Commissioner or a Deputy Collector in any suit relating to the trial thereof, shall be appealable to the Court to which an appeal from the decree itself would lie : Provided that, there shall be no right of appeal against order passed under Section 206, or Section 211, or under Section 212, sub-section (2), setting aside a sale, or under Rule 60, Rule 61 or Rule 62 or Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908), and against orders passed under Section 213-A. (5) All other orders under the provisions of this Act shall be appealable to the Commissioner, if passed by a Deputy Commissioner, and to the Deputy Commissioner or to any officer specially empowered by the [State] Government by notification, to hear such appeals, if passed by an officer exercising powers of a Deputy Commissioner. (6) The Deputy Commissioner may, at any time, transfer any appeal already filed before him to any officer specially empowered to hear such appeals under subsection (5) or withdraw any appeal pending before any officer so empowered and either hear such appeal himself or transfer it for disposal to any other officer so empowered. (7) No judgement of a Deputy Commissioner in any suit and no order of a Deputy Commissioner passed in any suit and relating to the trial thereof or after decree and relating to the execution thereof, shall be open to appeal otherwise than as expressly provided for in this Act.]