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Report No. 26

116. Appeals against orders of district courts and subordinate courts.-(1) The debtor, any creditor, the Official Assignee or any other person aggrieved by a decision come to or an order made in the exercise of insolvency jurisdiction by a court subordinate to a district court may appeal-

(a) to the High Court, if the decision or order is specified in the Third Schedule, or

(b) to the district court, in any other case;

and the order of the High Court or the district court upon such appeal shall be final:

Provided that the High Court, for the purpose of satisfying itself that an order made in any appeal decided by the district court was according to law, may call for the case and pass such order with respect thereto as it thinks fit:

Provided, further, that any such person aggrieved by a decision of the district court on appeal from a decision of a subordinate court under section 99 may appeal to the High Court on any of the grounds mentioned in sub-section (1) of section 100 of the Code of Civil Procedure, 1908 (5 of 1908).

(2) Any such person aggrieved by any such decision or order of a district court as is specified in the Third Schedule, come to or made otherwise than in appeal from an order made by a subordinate court, may appeal to the High Court.

(3) Any such person aggrieved by any other order made by a district court otherwise than in appeal from an order made by a subordinate court may appeal to the High Court by leave of the High Court; and in every case in which the High Court admits such appeal, such leave shall be deemed to have been granted.

(4) The periods of limitation for appeals to the district court and to the Hi

[Cf. section 51(2)(b), Special Marriage Act, 1954.]

(6) The provisions of sub-sections (2), (4) and (5) shall be without prejudice to-

(a) the provisions contained in section 6 of the General Clauses Act, 1897 (10 of 1897), which shall also apply to the repeal of the corresponding law as if such law had been an enactment;

(b) the provisions contained in section 24 of the said Act, which shall also apply to the repeal of the corresponding law as if such law had been a Central Act.

[Cf. section 51(3), Special Marriage Act, 1954.]



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