Section 74 in The Orissa Hindu Religious Endowments Act, 1951
74. [ Procedure at enquiries and appeals and service of notice. [Substituted vide Orissa Act No. 18 of 1954.]
(1)In relation to all proceedings before [the Commissioner], [the Deputy Commissioner] [Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7-6-1978.] or the Assistant Commissioner, the orders in pursuance of which are under the provisions of this Act appealable to the High Court, [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.], [the Deputy Commissioner] [Inserted vide Orissa Act No. 29 of 1978-w.e.f. 7-6-1978.] or the Assistant Commissioner, as the case may be, shall have the powers vested in a Court under the Code of Civil Procedure, 1908 (V of 1908) when trying a suit in respect of the following matters :(a)discovery and inspection;(b)enforcing the attendance of witnesses, and requiring the deposit of their expenses;(c)compelling the production of documents;(d)examining witnesses on oath;(e)granting adjournments;(f)reception of evidence taken on affidavit ; and(g)issuing commissions for the examination of witnessess;and may summon and examine suo motu any person whose evidence appears to him to be material ; and shall be deemed to be a Civil Court within the meaning of Sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898).(2)[The Commissioner] [Substituted vide Orissa Act No. 18 of 1954.], [the Deputy Commissioner] [Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7-6-1978.] and the Assistant Commissioner shall, with respect to all such proceedings be deemed to be persons acting judicially within the meaning of the Judicial Officers' Protection Act, 1850 (XVIII of 1850).(3)The Court hearing an appeal from the order of [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] may direct further enquiry or modify or set aside such order as the Court may deem fit; and unless the appeal is summarily dismissed, [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] shall be given an opportunity of being heard before the order passed by him is interfered with in any manner ; provided that the operation of the order of [the Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] shall not be stayed pending the disposal of the appeal.(4)The service of all processes and notices issued by the Assistant Commissioner, [the Deputy Commissioner] [Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7-6-1978.] or [Commissioner] [Substituted vide Orissa Act No. 18 of 1954.] by or under any of the provisions of this Act shall be on requisition from the Assistant Commissioner , [the Deputy Commissioner] [Inserted vide Orissa Act No. 29 of 1978-w. e. f. 7-6-1978.] or [Commissioner] [Substituted vide Orissa Act No. 18 of 1954.], as the case may be, effected by the Sub-divisional Magistrate, having jurisdiction ]
