Section 140: Hearing of appeal

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1) The appeal hearing court shall complete the hearing of appeal within six months after the date of receipt of the casefile from the lower court.

2) If, while hearing the appeal pursuant to sub-section (1), the appeal hearing court considers that the decision made by the lower court is reasonable and does not suffer any substantial difference, it may dismiss the appeal, by recording its reasons for doing so.

3) If, except for the dismissal of the appeal plea pursuant to sub-section (2), it appears that the pleas of the appeal should be heard, the appeal hearing court shall, setting out the reasons for the same, appoint the date for appearance for the hearing of the appeal and give a notice to the respondent to rebut the pleas of appeal.

4) In giving a notice referred to in sub-section (3), a notice of fifteen days shall be given, also accompanied by a copy of the memorandum of appeal.

5) A person who has obtained a notice pursuant to sub-section (3) may submit defense in writing to defend himself or herself and rebut the pleas of appeal, within the period specified by the court.

6) The defense in writing to be submitted to the court pursuant to sub-section (5) shall be in the form set forth in Schedule-46.

7) Upon hearing the appeal pursuant to sub-section (3), the court shall decide the appeal.

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Section 140: Hearing of appeal

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