Amendment status not verified — confirm the current text below against the official source.
Subs, by A.O. (No. 5) 1957. bound to attend, either in person or by an authorised agent, as such Court may direct, and to state the truth upon any subject respecting which they are examined or make statements, and to produce such documents and other things as may be required:<• Provided that persons exempt from personal attendance in Civil Court under Sections 132 and 133 of the Code of Civil Procedure, 1908, shall subject to the provisions of those sections, be exempt from personal attendance under this section. 48.Procedure in case of non-compliance with summons—If any person, on whom a summons to give evidence or produce a documents has been served, fails to comply with the summons, the officer by whom the summons has been issued may .exercise the powers conferred on Civil Courts by Order XVI, Rules 10 to 13,17 and 18 of the Code of Civil Procedure, 1908. 49.Summons to be in writing, signed and sealed—Every summons shall be in writing, in duplicate^ arid shall be signed and sealed by the officer issuing it or by such person as he empowers in this behalf and shall be served by tendering or delivering a copy of it to the person summoned, or, if he cannot be found, by affixing a copy of it to some conspicuous part of his usual residence and if such person resides outside the tjUnion territory] the summons may be sent by post to the Collector of the district concerned for service. 50.Mode of serving notices—Every notice under this Act may be served either by tendering, delivering or sending a copy thereof by post in a cover registered under the Indian Post Offices Act, 1898, to the person on whom it is to be served or to his authorised agent or by affixing a copy thereof at some place of public resort on or adjacent to the land to which such notice refers.-^.,... 51.Mode of issuing proclamation—Wherever a'proclamation issued under this Act, copies thereof shall be posted in the court-house of the officer issuing it, at the headquarters of the Tehsil and. at some place of public resort on or adjacent to the land to which it refers and if the officer issuing it so directs, the proclamation shall further be published by beat of drum on or near the land to which it refers. 52.Notice ^and proclamation not void for error—No notice or proclamation shall be deemed void on account of any error in the name or designation of any person, or in the description of any land referred to therein, unless such error has produced substantial injustice. 53.Procedure for procuring attendance of witnesses—-If in any proceeding of a judicial nature pending before any revenue Court either party desires the attendance of witnesses, it shall follow the procedure prescribed by Order XVI, Rules 2 to 4 of the Code of Civil Procedure, [S. 48 the Delhi land Revenue Act, 1954 •296 Commissioner from an order deciding an appeal under Clause (a), or • Clause (b) of sub-section (1) of Section 64 on any of the following grounds and no other, namely:— (i) the decision being contrary to law or to some usage having the force of law, (ii) the decision having failed to determine some material issue of law or usage haying the force of law, (iii) a substantial error or defect in the procedure as laid down in this Act or prescribed thereunder, which may possibly have produced error or defect in the decision of the case upon the merits. COMMENTS Exercise of power by High Court under Article 226 of the Constitution— As per scheme of the Act, second appeal lies before the Financial Commissioner under Section 66. Financial Commissioner also has supervisory powers under Section 72 to call for files of subordinate officers and revise orders. No further appeal is envisaged in the said Act. When exercising power under Article 226 when Issuing writ of certiorari, the High Court would not review findings of facts reached by an inferior Court or Tribunal even if they are erroneous. The Court is exercising only supervisory and hot appellate jurisdiction. It would not be for the superior Court to re-hear the case on the findings of facts and substitute its own findings. Ravinder Singh and anothers v. Govt of NCT of Delhi and others, (2016) 155 DRJ 237 : (2016) 3 AD (Del.) 324•' 67.Limitation for appeal—(1) No appeal to the Settlement Officer, the Record Officer or the Deputy Commissioner or to an Additional Collector empowered to hear appeals shall be brought after the expiration of 30 days from the date o! the order complained of, unless otherwise specially provided by'or under this Act or the Delhi Land Reforms Act, 1954. (2) No appeal or second appeal to the Chief Commissioner shall be brought after the expiration of 60 days from the date of the order complained of. 68.Appeal against order admitting an appeal—No appeal shall lie against an order admitting an appeal on the grounds specified in Section 5 of the Indian Limitation Act, 1908. 69.Powers of appellate court—(1) The appellate court may either admit or summarily reject the appeal. (2) If it admits the appeal, it may— (a)reverse, vary or confirm the order appealed against; or (b)direct such further investigation to be made or such additional evidence to be taken as it may think necessary; or (c)itself takes such additional evidence; of 299 The Delhi Land Revenue Act, 1954 S.69] he shall decide in accordance with the award^ or if the award has be^n submitted to him in the form of a special case, according to his own opinion in such case. 61.Bar to appeal and suit in Civil Court—Such decision shall bet once carried out, and shall not be open to appeal unless the decision is in excess of, or not in accordance with, the award, or unless the decision is impugned on the ground that there is no valid award in law or in fact; and no person shall instituted any suit in the Civil Court for the purpose of setting if aside or against the arbitrators on account of their award. 62.Recovery of fines and costs—All fees fines, costs, other than costs between party and party, and other money ordered t5 be paid under this Act shall recoverable as if they were an arrears of revenue. A revenue Court shall have power, subject to any special provisions in this Act, to give and apportion costs due under this Act in any proceedings before it in such manner as it thinks fit. 63.Delivery of possession of immovable property—When an order is made that a person be put in possession of any immovable property the officer making the order may deliver over possession in the same manner, and with the same powers in regard to all contempt, resistance, and the like, as may be lawfully exercised by the Civil Courts, in execution of their own decrees." CHAPTER VI APPEALS, REFERENCE AND REVISION 64.Courts to which appeals lie—(1) An appeal shall He under this Act- fa) to the Settlement Officer or the Record Officer from orders passed by any Assistant Settlement Office"^ or. ^ssistant Record Officer, respectively;v<^"< (b)to the Deputy Commissioner or to the Additional Collector specially empowered in this behalf from orders passed by the Revenue Assistant, an Assistant Collector or Tehsildar; (c)to the Chief Commissioner from orders passed by the Deputy Commissioner, Additional Collector, Settlement Officer or Record Officer. (2) No appeal shall be allowed from a non-judicial order not connected with settlement passed by the Deputy Commissioner. 65.First appeal—Unless an order is expressly made final by this Act, an appeal shall lie to the Court authorised under Section 64 to hear the same from every original order passed in any proceedings held under the provisions of this Act. 66.Second appeal—A second appeal shall lie to the Chief [S..61 The pelhi Land Reven ue Act, 195i •