Appeal to the Division Bench of High Court from a Judgment or Order of one judge of the High Court in exercise of original jurisdiction

General20063 sections

Statutory text

(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. 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.
(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 calculating the prescribed period may be 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.

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