(1) Every appeal under Section 215 shall be presented to the Commissioner, the Deputy Commissioner or any officer specially empowered by the [State] Government under sub-section (5) of Section 215 as the case may be, within [ninety days] from the date of the order or the decree appealed against.
(2) Appeals to the Judicial Commissioner or to the High Court shall be presented within the time provided for the presentation of appeals to a District Judge or the High Court, as the case may be, under the Code of Civil Procedure, 1908 (V of 1908) by the law for the time being in force for the limitation of appeals.]
217. Bar to further appeals, with Proviso for revision by Board or Commissioner - Order passed by the Commissioner or Deputy Commissioner in appeals referred under Section 215 shall not be open to any further appeal; but the Board or (in the case of appeals decided by the Deputy Commissioner) the Commissioner may call for the case and pass such orders thereon as it or he may think proper.
218. Appeal in certain suits - [Repealed by the Chota Nagpur Tenancy (Amendment) Act, 1947 (Bihar Act 25 of 1947), Section 34.]
219. Appeal to Deputy Commissioner when to be presented - [Repealed by the Chota Nagpur Tenancy (Amendment) Act, 1947 (Bihar Act 25 of 1947), Section 34.]
220. Appeal when to be heard - (1) The Deputy Commissioner or the Commissioner, as the case may be, shall fix a day for hearing the appeal, and shall cause notice of the same to be served on the respondent.
(2) If on the day fixed for hearing the appeal, or on any other day to which the hearing may be adjourned, the appellant does not appear in person or by agent, the appeal shall be dismissed for default.
(3) If on such day the appellant appears and the respondent does not appear in person or by agent, the appeal shall be heard ex-parte.
221. Re-admission of appeal - If an appeal is dismissed for default of prosecution, appellant may, within thirty days from the date of the dismissal, apply to the Deputy Commissioner, or the Commissioner as the case may be, for the readmission of the appeal; and, if it is proved to the satisfaction of the Deputy Commissioner or the Commissioner, as the case may be, that the appellant was prevented by any sufficient cause from appearing when the appeal was called on for hearing, the Deputy Commissioner or the Commissioner, as the case may be, readmit the appeal.
222. Re-hearing of appeal on application of respondent against whom "ex-parte" decree passed - When an appeal is heard ex-parte in the absence of the respondent and judgement is given against him, he may apply to the Appellate Court to re-hear the appeal; and if he satisfies the Court that notice was not duly served or that he was prevented by sufficient cause from attending when the appeal was called on for hearing, the Court may re-hear the appeal on such terms as to costs or otherwise as the court thinks fit to impose upon him.
223. Judgement in appeal - After hearing the appeal, the Deputy Commissioner or the Commissioner, as the case may be, shall give judgement in the manner provided in Section 170 for giving judgement in original suits.
224. Appeal to Judicial Commissioner or High Court - (1) [* * *] [(2) Save where otherwise expressly provided in this Act or by any other law for the time being in force, a second appeal shall lie to the High Court from any appellate decree passed by the Judicial Commissioner under this Chapter or from any order passed by him on appeal under Section 215, [* * *] on any of the following grounds, namely,-
(a) the decision being contrary to law or to some usage having the force of law;
(b) the decision having failed to determine some material issue of law or usage having the force of law;
(c) a substantial error or defect in the procedure provided by this Act which may possibly have produced error or defect in the decision of the case upon the merits, and the provisions of Part VII and of Order XLI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply, so far as may be, to such appeals.]
225. Hearing of appeals by Judicial Commissioner instead of by Deputy Commissioner - (1) Where, in analogous suits, some appeals have been presented to the Deputy Commissioner and others to the Judicial Commissioner, the Judicial Commissioner may, on the application of any of the parties, transfer to his own Court the appeals pending in the Court of the Deputy Commissioner.
(2) Where, in analogous suits, some appeals lie to the Deputy Commissioner and others to the Judicial Commissioner, a plaintiff or defendant whose appeal would ordinarily lie to the Deputy Commissioner may, if an appeal in any such suit has been presented by any other plaintiff or defendant to the Judicial Commissioner and admitted, present his appeal to the Judicial Commissioner instead of to the Deputy Commissioner, and the Judicial Commissioner may hear and decide the same. /
226. Limitation of appeal to Judicial Commissioner or High Court - [Repealed by Section 36 of the Chota Nagpur Tenancy (Amendment) Act, 1947 (Bihar Act 25 of 1947).]
227. Power to set aside judgement or order passed "ex-parte" by default - (1) No appeal by plaintiff or defendant shall lie from a judgement or order passed against him by default for non-appearance, whether such judgement or order were given under Section 155, Section 156, Section 157 or Section 169.
(2) If the party against whom any such judgement or order has been given appears, either in person or by agent,-
(a) if a plaintiff, within thirty days from the date of Deputy Commissioner's order, and
(b) if a defendant, within thirty days after any process for enforcing judgement has been executed, or at any earlier period, and shows sufficient cause for his previous non-appearance, and satisfies the Deputy Commissioner that there has been a failure of justice, the Commissioner may, upon such terms and conditions as to costs or otherwise as he may think proper, revive the suit and set aside the judgement or order.
(3) No judgement or order shall be altered or set aside under sub-section (2) without previously summoning the party to appear and be heard in support of it.
228. Order to set aside judgement final, but rejection of application to set aside appealable - In all cases in which the Deputy Commissioner, under Section 227, passes an order setting aside a judgement or order, the order shall be final but in all appealable cases in which the Deputy Commissioner, under that Section, rejects an application for setting aside a judgement or order, an appeal shall lie from the order of rejection to the tribunal to which the final decision in the suit would be appealable, provided that the appeal be preferred within the time allowed for an appeal from such final decision.
229. Application of Rule 22 of Order XLI of the First Schedule to the Code of Civil Procedure - The provisions of [Rule 22 of Order XLI of the First Schedule to the Code of Civil Procedure, 1908] [(5 of 1908)] shall so far as applicable, apply to all appeals under this Act from decisions of the Deputy Commissioner [or of a Revenue Officer], [Chapter XVI-A] Summary Procedure for the recovery of rents under the Bihar and Orissa Public Demands Recovery Act, 1914
229A. Recovery of arrears of rent under the certificate procedure in certain cases.
- (1) Any landlord (other than the Government) whose land is situate in an area for which a record-of-right has been prepared and finally published and in which such record is maintained, may apply to the [State] Government, through the Deputy Commissioner of the district in which his land is situate, for the application of the procedure prescribed by the Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914) to the recovery of arrears of rent which he alleges are or, may become, due to him for lands in such area.
(2) The [State] Government may reject any such application, or may allow it subject to such terms and conditions as it may see fit to impose, and may at any time add to or vary any terms or conditions so imposed, or withdraw its allowance of the application, without in any of these cases, assigning any reason for its action.
(3) When any such application has been allowed, the landlord may make a requisition in writing, in the form prescribed, to the Certificate Officer for the recovery of any arrears of rent which he alleges are due to him from any tenant.
(4) Every such requisition shall be signed and verified by the landlord making it in the manner prescribed by Rule 1 in Schedule II to the Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914), as amendment for the time being by rules made under Section 39 thereof, and shall be chargeable with a fee of the amount which would be payable under the Court-fees Act, 1870 (7 of 1870) in respect of a plaint for the recovery of a sum of money equal to that stated in the requisition as being due.
(5) On receipt of any such requisition, the Certificate-Officer may, in accordance with such rules as the [State] Government may prescribe in this behalf, and if he is satisfied that the arrear is due, sign a certificate in the prescribed form stating that the arrear is due, and shall include in the certificate the fee paid under sub-section (4), and shall cause the certificate to be filed in his office :
Provided that,-
(a) no certificate shall be signed for the recovery of arrears of rent of a tenancy regarding which a suit has been instituted in the Court of the Deputy Commissioner for the alteration of the rent payable by the tenant, or the determination of his status as a tenant, in respect of the period during which it is alleged in the requisition made under sub-section (3) that the arrears of rent sought to be recovered have accrued, and
(b) if, after the signing of a certificate, it is found that such a suit was instituted in the Court of the Deputy Commissioner before the certificate was signed, such certificate shall be cancelled.
(6) The person in whose favour any certificate is signed under sub-section (5) shall be deemed to be the certificate-holder for the amount mentioned in the certificate and the person against whom the certificate is signed shall be deemed to be the certificatedebtor for the said amount; and all proceedings taken by the certificate-officer for the recovery of such amount shall be taken at the instance of the first mentioned person, and at his cost and responsibility, and not otherwise.
(7) The Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914) with such restriction and modifications (if any) as may be prescribed, shall apply to the execution, and to all proceedings arising out of the execution, of certificates filed under sub-section (5).
(8) No landlord shall, during the pendency of any proceeding under this section, institute a suit for the recovery of any arrears of rent in respect of which he has made a requisition under sub-section (3); and, subject, to the provisions of Section 43 of the Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914), no tenant shall, after the signing of any certificate against him under sub-section (5) of this Section, institute a suit before, or make an application to the Deputy Commissioner for the alteration of the rent payable by him, or the determination of his status as a tenant, in respect of the period during which the arrears of rent for which such certificate was signed have accrued.
(9) The word "landlord" in this Section includes an entire body of landlords, and also one or more co-sharer landlords, who collects or collect his or their share or shares of the rent separately; and where the Certificate Officer signs a certificate on the requisition of one or more such co-sharer landlords, he shall at the same time issue to each of the remaining co-sharer landlords a copy of such certificate.
(10) Nothing in this Section shall apply to a 'Mundari khunt-kattidari' tenancy, notwithstanding that it constitutes, or is situate in an area described in sub-section (1) Chapter XVII Limitation
230. Application of the [Indian] Limitation Act, [1908] - The provisions of the Indian Limitation Act, 19082 (9 of 1908) shall, so far as they are not inconsistent with this Act, apply to all suits, appeals and applications under this Act.
[230A. Special rule of limitation in certain applications and suits before a Revenue-Officer. - Notwithstanding any of the provisions of the Indian Limitation Act, 1908 (9 of 1908) where an application under sub-section (3) of Section 85 has been made or a suit under Section 87, Section 111 (8), Section 130 or Section 252 has been instituted within three months from the date of final publication of the record-of-rights, and any person is thereafter, added or substituted as a party to such application or suit, the application or the suit shall, as regards such person, be deemed for the purpose of limitation to have been made or instituted on the date upon which it was made or instituted by the original applicant or plaintiff against the original defendant.]
231. General rule of limitation - All suits and applications instituted or made under this Act, for which no period of limitation is provided elsewhere in this Act, shall be commenced and made respectively within one year from the date of the accruing of the cause of action:
Provided that there shall be no period of limitation for applications under Sections 28, 31 [clauses (c) to (f) of Section 33-A] 34, 50, 61, 75, 105 or 121.
232. Limitation of suits and applications for grant of leases, etc - Suits and applications for the delivery of leases or counterpart engagements, or for the determination of the rates or rent payable for lands held by a tenant, may be instituted and made, respectively, at any time during the tenancy.
233. Limitation of certain suits for ejectment - Suits for the ejectment of an occupancy 'Raiyat' or a non-occupancy 'Raiyat on any of the grounds mentioned in Section 22 or in clauses (b) and (c) of Section 41 shall be instituted within two years from the date of the misuse or breach complained of.
234. Limitation of suits and applications for arrears of rent - Suits and applications under Section 244, for the recovery of arrears of rent, shall be instituted within three years [or where the State Government is the landlord, within ten years] from the end of the agricultural year in which the arrear became due.
235. Successive suits or applications for recovery of rent - (1) Where a landlord has instituted a suit against a tenant or applied for a certificate under Section 240 against a 'Mundari khunt-kattidari' for the recovery of any rent of his tenancy, the landlord shall not institute another suit or apply for another such certificate against him for the recovery of any rent of that tenancy until after six months from the date of the institution or making of the previous suit or application.
(2) Nothing in sub-section (1) shall prohibit a fresh suit for rent when a former suit has been withdrawn with leave to sue again or when a claim has been rejected under Section 154, or when a case has been struck off under Section 155 or Section 169.
236. Limitation of suits against agents for money, accounts or papers - Suits for the recovery of money in the hands of an agent or for the delivery of accounts or papers by an agent, may be brought at any time during the agency, or within one year after the determination of the agency, of such agent;
Provided that if the person having the right to sue has by fraud, been kept from knowledge of the receipt of any such money by the agent, or if any fraudulent account has been rendered by the agent the suit may be brought within one year from the time when the fraud first became known to such person; but no such suit shall in any case be brought at any time exceeding three years from the termination of the agency.
237. Limitation of applications for recovery of possession of holding - Applications for the recovery of possession of a holding, or any portion thereof from which an occupancy Raiyat has been unlawfully ejected must be instituted within three years from the date of such ejectment.
238. Limitation of suits or applications by village headmen for recovery of possession - Suits or applications for recovery of possession of his office or agricultural land by a [village headman] against a landlord or any person holding by virtue of any assignment from a landlord, must be instituted or made within three years from the date of dispossession.
Chapter XVIII Special Provisions with respect to Mundari Khunt-Kattidars
239. Application of preceding Sections to Mundari khunt-kattidari tenancies - Such of preceding Sections as are applicable to Mundari khunt-kattidars shall, in their application to such persons and their tenancies, be read subject to the provisions of the following Sections in this Chapter.
240. Restrictions on transfer of Mundari khunt-kattidari tenancies - (1) No Mundarikhunt-kattidari tenancy or portion thereof shall be transferable by sale, whether in execution decree or order of a Court or otherwise :
Provided that, when a decree or order has been made by any Court for the sale of any such tenancy or portion thereof, in satisfaction of a debt due under a mortgage (other than a usufructuary mortgage) which was registered before the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1903 [(Ben. Act 5 of 1903)], the sale may be made with the previous sanction of the Deputy Commissioner.
(2) If the Deputy Commissioner refuses to sanction the sale of any such tenancy or portion thereof under the proviso to sub-section (1), he shall attach the land and make such arrangements as he may consider suitable for liquidating the debt.
(3) No mortgage of a Mundari khunt-kattidari tenancy or any portion thereof shall be valid, except a bhugut bandha mortgage for a period, expressed or implied, which does not exceed or cannot in any possible event exceed seven years :
[Provided that, a Mundari Khunt Kattidar tenant may transfer by simple mortgage his right in this tenancy or any portion thereof with a view to raising loan for agricultural purpose to a society or bank registered or deemed to be registered under the 'Bihar and Orissa Co-operative Societies Act, 1935 (Bihar and Orissa Act VI of 1935) or a company or Corporation owned by or in which not less than fifty one per cent of the share capital is held by the State Government or the Central Government or partly by the State Government or partly by the Central Government and which has been set up with a view to providing agricultural credit to cultivators.]
(4) No lease of a 'Mundari Khunt kattidari' tenancy or any portion thereof shall be valid, except a lease of one or other of the following kinds, namely :-
(a) 'mukarrari leases' of uncultivated land, when granted to a Mundari or a group of Mundaris for the purposes of enabling the lessees or the male members of their families to bring suitable portions of the land under cultivation;
(b) leases of uncultivated land, when granted to a 'Mundari' cultivator to enable him to cultivate the land as a Raiyat.
Explanation. - The expression "uncultivated land" as used in this sub-section, includes land which, though formerly cultivated, is not, at the time the lease is granted, either under cultivation or in the occupation of the lessee for purposes of cultivation.
(5) Where a 'Mundari khunt-kattidari' tenancy is held by the group of 'Mundari khuntkattidars' no bhugut bandha mortgage or 'mukarrari' lease of the tenancy or any portion thereof shall be valid, unless it is made with the consent of all the 'Mundari Khuntkattidars'.
(6) No transfer of a 'Mundari khuntkattidar' tenancy or any portion thereof, by any contract or agreement made otherwise than as provided in the foregoing subsections shall be valid; and no such contract or agreement shall be registered.
(7) Nothing in the foregoing sub-section shall affect any sale or, except as declared in the Proviso to sub-section (1), any mortgage or any lease, made before the commencement of the Chota Nagpur Tenancy (Amendment) Act, 1903 [(Bengal Act 5 of 1903).]