15.apeal, Revision Land Laws

NIMS SCHOOL OF LAW
BBALLB,BA LLB VII & LLB I sem
Subject –Land Law
TOPIC- Appeal, review, revision (sections 222

to 232)
Dr. Mahaveer Prasad Mali

Assistant Professor
• In law, an appeal is the process in which cases are reviewed
by a higher authority, where parties request a formal change to
an official decision.
• Appeals function both as a process for error correction as well

as a process of clarifying and interpreting law.
BASIS FOR COMPARISON DECREE ORDER
Meaning A decree is the official An order is the official
proclamation of the adjudication announcement of the decision
by the judge explaining the rights taken by the court, defining the
of the parties concerned with relationship of the parties, in the
respect to the suit. proceedings.
Pass It is passed in a suit initiated by It can be passed in a suit initiated

the presentation of a plaint. by presentation of plaint,
application or petition.
Deals with Substantive legal rights of the Procedural legal rights of the
parties parties
Defined in Section 2 (2) of the Code of Civil Section 2 (14) of the Code of Civil
Procedure Act, 1908. Procedure Act, 1908.
Ascertainment of rights It clearly ascertains the rights of It may or may not clearly
the parties concerned. ascertains the rights of the parties
concerned.
Number There is only one decree in a suit. There can be many orders in a
suit.
Type It can be preliminary, final or It is always final.
partly preliminary and partly
final.
Appeal It is normally appealable except if It can be appealable or non-
it is specifically barred by law. appealable.
• What is the difference between an appeal and a review?
• An appeal is requested to ask the higher court to change the decision of the
lower court.
• ... A review is applied for at the same court where the original decision
was made and is a request to consider the legality of the ruling.
• A review is based on procedural irregularity, impropriety,

irrationality, and illegality.
• 222. Appeal not to lie unless allowed by this Act — No appeal shall lie from
any decree or order passed by any revenue court except as provided in this
Act.
• Sec. 223. Appeals from original decrees— An appeal shall lie
from an original decree
• (i) to the Collector if such decree is passed by a Tehsildar, and
• (ii) to the Revenue Appellate Authority if such decree is passed

by an Assistant Collector, a Sub-Divisional Officer or a
Collector.
224. Appeals from appellate decrees —
• (I) An appeal shall lie to the revenue appellate authority from a decree passed in appeal
by a Collector.
• (2) An appeal shall lie to the Revenue Board from a decree passed in appeal by a
revenue appellate authority on any of the following grounds, 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 having
the force of law;
• (iii) a substantial error or defect in the procedure provided by or under this Act or by
any other law for the time being in force, which may possibly have produced an error or
defect in the decision of the case upon the merits, and
• (iv) the decision being contrary to the weight of evidence on record where the lower
appellate court has varied or reversed any finding of the trial court on a question of fact.
225. Appeal from orders—
• (1) An appeal shall lie from the final order passed on an application on the
nature specified in the Third Schedule and from such other orders as are
mentioned in Section 212 of this Act and in Section 104 of the Code of Civil
Procedure, 1908 (Central Act, V of 1908) —
• (i) to the Collector, if such order is passed by a Tehsildar,
• (ii) to the Revenues, Appellate Authority, if such order is passed by an
Assistant Collector, a Sub-Divisional Officer or a Collector, and
• (iii) to the Board if such order is passed by a Revenue Appellate Authority.
• 226. Power of Board to reject an appeal summarily- The Board
may either admit an appeal or may summarily reject it.
• 227. No decree or order to be reversed or modified for

error or irregularity — No decree or order shall be
reversed or substantially varied, nor shall any case be
remanded in appeal, on appeal, on account of any mis-
joinder of parties or causes of action or any error or
irregularity in any proceedings, not affecting the merits of
the case.
228. Limitation for appeals—
• (1) No appeal to the Collector shall be brought after the expiration of
thirty days from the date of the decree or order complained of.
• (2) No appeal to the revenue appellate authority shall be brought after

the expiration of sixty days from the date of the decree or order
complained of.
• (3) No appeal to the Board shall be brought after the expiration of

ninety days from the date of the decree or order complained of.
• Review
• 229. Power of review by Board and other revenue courts—
Subject to the provisions of the Code of Civil Procedure, 1908 (Central Act V
of 1908) -
• (1) the Board of its own motion or on the application of a party to a suit or
proceeding, may review and may rescind, alter or confirm any decree or order
made by itself or by any of its members; and
• (2) every revenue court, other than the Board, shall be competent to review
any decree, order or judgment passed by such court.
Revision
• 230. Power of the Board to call for cases— The Board may call
for the record of any case decided by any subordinate revenue
court in which no appeal lies either to the Board or to a civil court
under section 239 and if such court appears —
• (a) to have exercised jurisdiction not vested in it by law; or
• (b) to have failed. to exercise jurisdiction so vested; or
• (c) to have acted in the exercise of its jurisdiction illegally or with
material irregularity.
• Board may pass such orders in the case as thinks fit.
231. Powers to High Court to call for cases
• The High Court may call for the record of any suit or application which has been decided by any subordinate
revenue court and in which an appeal lies to a civil court under section 239 but no appeal lies to the High Court,
and if such civil or revenue court appears—
• (a) to have exercised jurisdiction not vested in it by law; or
• (b) to have failed to exercise jurisdiction so vested ; or
• (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity.
• The High Court may pass such order therein as it thinks fit.
232. Power to call for record and refer to the
Board
• The Collector may call for and examine the record of any case or proceedings
decided by or pending before and revenue court subordinate to him for the
purpose of satisfying himself as to the legality or propriety of the order or decree
passed and as to the regularity of the proceedings, and, if he is of opinion that
the order or decree passed or the proceeding taken by such court should be
varied, cancelled or reversed, he shall refer the case with his opinion thereon for
the orders of the Board shall, thereupon, pass such order as it thinks fit:
• Provided that the power conferred by this section shall not be exercised in
respect of suits or proceedings falling within the purview of section 239.
•
• Thanks

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NIMS SCHOOL OF LAW

BBALLB,BA LLB VII & LLB I sem

Subject –Land Law

TOPIC- Appeal, review, revision (sections 222

Dr. Mahaveer Prasad Mali

• Appeals function both as a process for error correction as well

Pass It is passed in a suit initiated by It can be passed in a suit initiated

• A review is based on procedural irregularity, impropriety,

• (i) to the Collector if such decree is passed by a Tehsildar, and

• (ii) to the Revenue Appellate Authority if such decree is passed

• 227. No decree or order to be reversed or modified for

• (2) No appeal to the revenue appellate authority shall be brought after

• (3) No appeal to the Board shall be brought after the expiration of

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