Amendment status not verified — confirm the current text below against the official source.
Subs. by 2(1) of U.P. Act X of 1943. [The United Provinces Encumbered Estates Act, 1934] 23 shall lie to the Board of Revenue.]1 The period of limitation for appeals under this sub-section shall be sixty days. 2[(3-A) The Board of Revenue may transfer for decision any appeal pending before itself to a Commissioner and may by order recall any appeal to transferred. The Board of Revenue may transfer any appeal pending before a Commissioner to another Commissioner.] (4) The provisions of sections 5 and 12 of the Indian Limitation Act, 1908, shall apply to appeals under this Act. (5) 3[Subject to the provisions of sub-section (2-a)] the decision on an appeal under this section shall be final 3[and in deciding the appeal the appellate court may modify or alter or reverse any decree or order of the Special Judge, if in the opinion of the appellate court it be necessary to do so in the interest of justice and equity.]3 46.4[(1) Any court empowered under sub-sections (1), (2) and (2-a) of section 45 to hear an appeal under this Act may of its own motion, or on the application of any person concerned, call for the record of proceedings in any case under this Act pending in a court from which appeals lie to such court and after giving due notice to the parties concerned pass such order thereon consistent with the provisions herein contained as it thinks fit, and such order shall be final. Power to call for proceedings and pass orders thereon. (2) The Board of Revenue may, on an application filed by any person concerned on any of the grounds mentioned in sub-section (1) of section 100 of the Civil Procedure Code, 1908, or at any time on its own motion for any sufficient reason, call for the record of proceedings of any case under this Act which is pending in the court of, or has been decided by, a Collector, a Settlement Officer or a Commissioner and after giving notice to the parties concerned pass such order thereon consistent with the provisions herein contained as it thinks fit, and such order shall be final.]4 5[46-A. The District Judge may of his own motion or on the application of any person concerned transfer any case pending before a Special Judge of the second grade to the court of a Special Judge of the first grade for any valid and sufficient reason and shall direct that the latter shall proceed with the case from the stage at which it was transferred.]