Section 2 in Chhattisgarh High Court (Appeal to Division Bench) Act, 2006
2. Appeal to the Division Bench of the High Court from a Judgment or order of one judge of the High Court made in exercise of original jurisdiction.
(1)An appeal shall lie from a judgment or order passed by one Judge of the High Court in exercise of original Jurisdiction under Article 226 of the Constitution of India, to a Division Bench comprising of two Judges of the same High Court:[***] [Omitted 'Provided that no such appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.' by Act No. 25 of 2016, dated 7.1.2016.][Explanation. [Added by C.G. Act No. 2 of 2014, dated 30.7.2013.] - Where points raised in the petition before the Division Bench against the order or judgment of the single Judge were adjudicated upon, by the Sub-ordinate Court, Tribunal or Quasi-Judicial Authority, as the case may be, it shall be presumed that such order or Judgment by the Single Judge of the High Court has been passed in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India.](2)An appeal under sub-section (1) shall be filed within 45 days from the date of order passed by a single Judge ;Provided that any appeal may be admitted after the prescribed period of 45 days, if the petitioner satisfies the Division Bench that he had sufficient cause for not preferring the appeal within such period.Explanation. - The fact that the petitioner was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may by sufficient cause within the meaning of this sub-section.(3)An appeal under sub-section (1) shall be filed, heard and decided in accordance with the procedure as may be prescribed by the High Court.
