Amendment status not verified — confirm the current text below against the official source.
CHAPTER VII. APPEAL, REVISION AND REVIEW. Appeal 32. (1) From every final order of the Controller an and appeal shall lie— review. (a) in respect of premises within the Ordinary Original Civil Jurisdiction of the Calcutta High Court to the Chief Judge of the Court of Small Causes of Calcutta, who shall entertain and hear the appeal in the capacity of a judicial officer as described in paragraph (1), sub-paragraph (ii) of Schedule B, with power to transfer as provided therein and the court to which the appeal is transferred shall also hear it in the capacity of a judicial officer as therein described; (b) in respect of premises elsewhere to the District Judge of the district in which the premises in respect of which such order is made are situated, with power to transfer the appeal for hearing to any court of Subordinate Judge within the district. (2) Such appeal shall be filed within thirty' days of the order of the Controller excluding the day of the order and such time as is requisite for obtaining a certified copy of the order. (3) The procedure for filing the appeal and powers and procedure of the court in . entertaining and hearing the appeal shall be the same as in appeals from orders under the Code of Civil Procedure, 1908. IX of 1908. The West Bengal Premises Rent Control 19 (Temporary Provisions) Act, 1950. xvia of 1950.] (Chapter V.11.1.—Penalties and Miscellaneous.— Section 33.) (4) From any order made in such appeal no further appeal shall lie, but the High Court may revise the order on the ground of error of law, or on the ground of material failure of justice. (5,V.The Controller, the appellate officer hearing appeals from- oMers of the Controller, and the High Court exercis- ing power of revision under sub-section (4), may exercise powers given to courts by sections 151 and 152 of the Code of Civil Procedure, 1908, and may also exercise the power of review given to courts by Order 47 of the Code of Civil Procedure, 1908, subject to conditions, so far as applicable, as laid down in the said Order, and subject to the law of limitation as laid down in the Indian Limitation Act, 1908. (6) (i) Appeal from decree in a suit described in section 16, when passed by the Chief Judge of the Calcutta Court of Small Causes in exercise of capacity of judicial officer as described in Schedule B shall be to the High Court as appeal from the Court of District Judge. Appeal from decree in such suit passed by any other Judge of the Calcutta Court of Small Causes in exercise of capacity of judicial officer as described in Schedule B, shall be to the High Court, when the value of the suit exceeds rupees five thousand, as appeal from the Court of Subordinate Judge. (ii) When the value of the suit heard by such Judge does not exceed rupees five thousand the appeal shall be to a Bench consisting of the Chief Judge and another Judge of the Calcutta Court of Small Causes other than the Judge from whose decree the appeal has been, preferred as selected by the Chief Judge, and in case they differ in opinion the appeal shall be heard by a third Judge of the same court selected by the Chief Judge, other than the Judge from whose decree the appeal has been preferred, and the appeal shall be decided in accordance with the opinion of the majority of the Judges who heard the appeal, and in case there is no such majority the decision shall be in accordance with the opinion of the Chief Judge. The Chief Judge and the other Judge or Judges hearing the appeal shall do so in capacity respectively of judicial officer as prescribed in Schedule B. CHAPTER VIII. PENALTIES AND MISCELLANEOUS.