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[Cites 0, Cited by 26] [Entire Act]

State of Gujarat - Section

Section 29 in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947

29. Appeal.

(1)Notwithstanding anything contained in any law, an appeal shall lie,-
(a)[ in the City of Ahmedabad, from a decree or order made by the Court of Small Causes, Ahmedabad, exercising jurisdiction under Section 28 to a Bench of two Judges of the said Court which shall not include the Judge who made such decree or order;] [Clause (a) was inserted by Gujarat 19 of 1961, Section 19, Schedule, Item 2 (1) (a).]
(b)[elsewhere from a decree] [These words were substituted for the words 'from a decree' Gujarat 19 of 1961, Schedule, item 2 (1) (b).] or order made by a Judge of the Court of Small Causes established under the [Provincial Small Cause Courts Act, 1887, (IX of 1887) or] [These words and figures were inserted by Bombay 58 of 1949, Section 5.] [By the Court of the Civil Judge deemed to be the Court of Small Causes under clause (c) of sub-section (2) of Section 28] [This portion was inserted by Bombay 15 of 1952, Section 3.] or by a Civil Judge exercising such jurisdiction, to the District Court:
[Provided that no such appeal shall lie from-
(I)a decree or order made in any suit or proceeding in respect of which no appeal lies under the Code of Civil Procedure, 1908; (V of 1908);
(II)a decree or order made in any suit or proceeding (other than a suit or proceeding relating to possession) in which the plaintiff seeks to recover rent and the amount or value of the subject-matter of which does not exceed-]
(i)[ where such suit or proceeding is instituted in the City of Ahmedabad, two thousand rupees; and] [Sub-clause (i) was inserted by Gujarat 19 of 1961, Section 18, Schedule, Item 2 (1) (c) A.]
(ii)[* * *] [The words 'where such suit or proceeding is instituted elsewhere' were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] [where such suit or proceeding is instituted elsewhere] [These words were substituted for the words 'the amount upto' by Gujarat 19 of 1961, Section 19, Schedule, Item 2 (1) (c) B.] the amount upto which the Judge or Court specified in clause (b) is invested with jurisdiction of a Court of Small Causes, under any law for the time being in force;
(iii)an order made upon an application for fixing the standard rent or for determining the permitted increases in respect of any premises except in a suit or proceeding in which an appeal lies;
(iv)an order made upon an application by a tenant for a direction to restore any essential supply or service in respect of the premises let to him.
[(1-A) Every appeal under sub-section (1) shall be made within thirty days from the date of the decree or order, as the case may be:Provided that in computing the period of limitation prescribed by this sub-section the provisions contained in Sections 4, 5 and 12 of the Indian Limitation Act, 1908 (IX of 1908) shall, so far as may be, apply.] [This sub-section was inserted by Bombay 36 of 1948, Section 5. This amendment shall not apply to appeals from decrees or orders made before the coming into operation of the said Act, vide Section 8.]
(2)[ No further appeal shall lie against any decision in appeal under sub-section (1) but the High Court may, for the purpose of satisfying itself that any such decision in appeal was according to law, call for the case in which such decision was taken and pass such order with respect thereto as it thinks fit.] [Sub-section (2) was substituted for the original by Gujarat 18 of 1965, Section 5.]
(3)[ Where no appeal lies under this section from a decree or order in any suit or proceeding [* * *] [This sub-section was inserted by Bombay 61 of 1953, Section 17 (2).] [in the city of Ahmedabad the Bench of two Judges, specified in clause (a) of sub-section (1) and elsewhere] [These words were inserted by Gujarat 19 of 1961, Section 18, Schedule, Item 2 (2).] the District Court, may for the purpose of satisfying itself that the decree or order made was according to law, call for the case in which such decree or order was made and pass such order with respect thereto as it thinks fit.] [This proviso was added by Bombay 61 of 1953, section 17 (1).]