Section 38 of The Central Provinces Land-Revenue Act, 1881
Except as provided in sections thirty-three, thirty-four and thirty-five, the decrees and orders of a Settlement-officer passed, whether in the first instance or on appeal, in exercise of the powers of a Civil Court of any grade, shall, for the purposes of appeal, reference and revision, be deemed to be decrees and orders of a Civil Court of such grade, and no appeal shall lie under the provisions of section twenty-two from such decrees or orders.
Summary
- This provision clarifies how appeals and reviews work when a settlement officer makes a decision acting with the powers of a civil court.
- These decisions are treated exactly as if they were made by a standard civil court of the same level for the purposes of appeals.
Practical examples
FAQ
1. How are a settlement officer's civil decrees treated under Section 38 of the 1881 Land-Revenue Act?
Section 38 requires that these decrees be deemed as decrees and orders of a Civil Court for the purposes of appeal, reference, and revision.
Test yourself
Q1.According to Section 38 of The Central Provinces Land-Revenue Act, 1881, decrees passed by a Settlement-officer exercising Civil Court powers are treated as what for appeals?
Q2.Under Section 38 of The Central Provinces Land-Revenue Act, 1881, which section's appeal rules are explicitly forbidden from being used for these specific decrees?
Q3.Section 38 of The Central Provinces Land-Revenue Act, 1881 mentions that decrees are deemed Civil Court decrees for the purposes of appeal and which other two processes?
Q4.Which of the following sections is listed as an exception at the very beginning of Section 38 of The Central Provinces Land-Revenue Act, 1881?