Appeal in case of partition

General202537 sections

Statutory text

(1) Any person aggrieved by an order passed by the Assistant Collector 2nd Grade under section 20 may, within thirty days of the passing of such order, file an appeal before the Assistant Collector 1st Grade: Provided that the Assistant Collector 1st Grade may entertain an appeal after the expiry of the such period if it is satisfied that there was sufficient cause for not filing it within that period.
(2) The Assistant Collector 1st Grade after hearing the parties interested and likely to be affected either accept the appeal or dismiss the same by passing a reasoned order.
(3) Any person aggrieved by an order passed by the Assistant Collector 1st Grade under sub-section
(2) may, within thirty days of the passing of such order, further appeal to the Collector, who shall after hearing the parties interested and likely to be affected either accept the appeal or dismiss the same by passing a reasoned order.
(4) Appeals filed under sub-sections
(2) and
(3) shall be decided by the Assistant Collector 1st Grade and the Collector, as the case may be, within sixty days from the date the respondent puts in appearance or is proceeded against ex-parte unless for reasons to be recorded in writing or it is directed otherwise.
(5) An appellate authority shall not remand a case except where it is established from the record that an adverse order has been passed against a necessary party who was not duly served.

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