44. [ Appeal and appellate authorities. [Substituted by M.P. Act No. 23 of 2018]
(1)Save where it has been otherwise provided, an appeal shall lie from every original order of a Revenue Officer competent to pass such order under this Code or the rules made thereunder-(a)if such order is passed by any Revenue Officer subordinate to the Sub-Divisional Officer - to the Sub-Divisional Officer;(b)if such order is passed by any Revenue Officer subordinate to the Deputy Survey Officer - to the Deputy Survey Officer;(c)if such order is passed by the Sub-Divisional Officer - to the Collector;(d)if such order is passed by the Deputy Survey Officer - to the District Survey Officer;(e)if such order is passed by any Assistant Collector, Joint Collector or Deputy Collector to whom the powers have been conferred under-section 24-to the Collector;(f)if such order is passed by any Revenue Officer in respect of whom a direction has been issued under sub-section (3) of section 12 - to such Revenue Officer as the State Government may direct;(g)if such order is passed by a Collector or District Survey Officer -to the Commissioner;(h)if such order is passed by the Commissioner - to the Board.(2)Save as otherwise provided, a second appeal shall lie against every order passed in first appeal under this Code or the rules made thereunder -(a)by the Sub-Divisional Officer or the Deputy Survey Officer or the Collector or the District Survey Officer - to the Commissioner;(b)by the Commissioner - to the Board.(3)The second appeal shall lie only -(a)if the original order has in the first appeal been varied or reversed otherwise than in a matter of cost; or(b)on any of the following grounds and no other, namely :-(i)that the order is contrary to law or, usage having the force of law; or(ii)that the order has failed to determine some material issue of law, or usage having force of law; or(iii)that there has been a substantial error or defect in the procedure as prescribed by this Code, which may have produced error or defect in the decision of the case upon merits.(4)An order passed in review varying or reversing any order shall be appealable in like manner as the original order.]
