Section 182 of The Ajmer Tenancy and Land Records Act, 1950
When, under the provisions of this Act, a revenue court is required to submit the record of a case to a confirming court, it shall not comply with such provisions--
- (i)unless any of the parties to such case has, within seven days of the decree or the order passed therein, made an application bearing a court-fee stamp of the value of two rupees and eight annas to such revenue court, requesting that the record be submitted for confirmation; or
- (ii)if such decree or order is passed on the admission of a party to the case, or in terms of a compromise; or is based on the award of an arbitrator appointed by the parties; or
- (iii)if the parties to the case apply in writing that they accept the decree or order as final: Provided that if any party challenges a decree or an order mentioned in clause (ii) on the ground that it does not conform to the compromise or the award, or that it goes beyond it, such court shall, on the application of such party, submit the record to the confirming court.
Summary
- Explains the conditions for sending a case to a higher court for approval, which is called confirmation.
- A party must apply for confirmation within seven days of the court's decision.
- The application must include a court fee stamp worth two rupees and eight annas.
- Cases decided by an agreement between parties or by an arbitrator are usually not sent for confirmation.
- However, if a party claims the decision does not follow their agreement or the arbitrator's award, the court must send it up.
- Parties can also choose to sign a written statement saying they accept the order as final to avoid the confirmation process.
Practical examples
FAQ
1. What is the time limit to apply for confirmation under Section 182 of the Ajmer Tenancy Act?
A party has exactly seven days from the date of the decree or order to apply for the record to be submitted for confirmation under Section 182 of the Ajmer Tenancy and Land Records Act, 1950.
2. How much is the court fee for a confirmation request under Section 182 of the Ajmer Tenancy and Land Records Act, 1950?
The application must bear a court fee stamp of two rupees and eight annas according to Section 182 of the Ajmer Tenancy and Land Records Act, 1950.
3. Can a compromise decree be sent for confirmation under Section 182 of the Ajmer Tenancy and Land Records Act, 1950?
Generally no, unless a party challenges it on the ground that it does not conform to the compromise under Section 182 of the Ajmer Tenancy and Land Records Act, 1950.
4. What can parties do if they want to avoid the confirmation process under Section 182 of the Ajmer Tenancy and Land Records Act, 1950?
Parties can apply in writing to accept the decree or order as final under Section 182 of the Ajmer Tenancy and Land Records Act, 1950, which stops it from being sent to a confirming court.
Test yourself
Q1.Under Section 182 of the Ajmer Tenancy and Land Records Act, 1950, what is the required value of the court fee stamp for an application to submit a record for confirmation?
Q2.Within how many days must a party apply for confirmation under Section 182 of the Ajmer Tenancy and Land Records Act, 1950?
Q3.Under Section 182 of the Ajmer Tenancy and Land Records Act, 1950, which of the following is usually NOT submitted for confirmation?
Q4.If a party misses the seven day deadline in Section 182 of the Ajmer Tenancy and Land Records Act, 1950, what is the result for an order that would otherwise be final under Section 181?
Q5.According to the proviso in Section 182 of the Ajmer Tenancy and Land Records Act, 1950, when must a court submit a compromise decree for confirmation?
Q6.What is required for parties to waive the confirmation process under Section 182 of the Ajmer Tenancy and Land Records Act, 1950?