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[Cites 0, Cited by 2] [Entire Act]

State of Odisha - Section

Section 204 in The Orissa Tenancy Act, 1913

204. Appeals.

(1)Except where otherwise expressly provided in this Act, an appeal from an order or decree passed under the Act shall lie in the following manner :Every order passed by a Collector, not being -
(a)a judgement in a suit,
(b)an order passed in the course of a suit and relating to the trial thereof; or
(c)an order passed after decree and relating to the execution thereof, shall be appealable -
(i)to the Commissioner, or,
(ii)if passed by a Deputy Collector exercising the power of a Collector, to the Collector :
Provided that no second appeal shall lie to the Commissioner from an order passed by the Collector under Sub-clause (ii) of Clause (c).
(2)In suits where the subject-matter of the claim or dispute does not exceed one hundred rupees in value, and the judgement does not desire a question whether rent is payable for land or not, or a question relating to title to land or to some interest in land as between parties to the suit, the judgement of the Collector shall be final :Provided that, if the suit be tried and decided by a Deputy Collector exercising the powers of a Collector, an appeal shall lie from the judgement of the Deputy Collector to the Collector.
(3)In suits other than those referred to in Sub-section (2), an appeal from the judgement of the Collector or Deputy Collector shall lie to the District Judge, unless the amount or value in dispute exceeds five thousand rupees, in which case the appeal shall lie to the High Court :Provided that, a second appeal shall lie to the High Court under Order XLII in the first Schedule to the Code of Civil Procedure, 1908 (V of 1908) from any appellate decree passed by the District Judge under this Section.
(4)An appeal shall lie against any Order specified in Clause (b) or (c) of Sub-section (1) [except an Order which is not appealable under the Code of Civil Procedure, 1908 (V of 1908)] to the Court to which an appeal from the judgement in the suit would lie.
(5)Notwithstanding anything hereinbefore contained, the Collector may call for the record of any case in which any Deputy Collector has passed a decree or Order to which this Section applies, if it appears that such officer has exercised a jurisdiction not vested in him by law, or has failed to exercise jurisdiction so vested, or has acted in the exercise of his jurisdiction illegally or with material irregularity; and the Collector may pass such Order as he thinks fit.Explanation. - A question as to the regularity of the proceedings in publishing or conducting a sale in execution of a decree for appears of rent is not a question relating to title to land or to some interest in land as between parties of the suit.