The Administrative Tribunals Act, 1985
29A. PROVISIONS FOR FILING OF CERTAIN APPEALS. –
1PROVISIONS FOR FILING OF CERTAIN APPEALS. Where any decree or order has been made or passed by any Court (other than a High Court) in any suit or proceeding before the establishment of a Tribunal being a suit, or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such Tribunal, and no appeal has been preferred against such decree or order before such establishment and the time for preferring such appeal under any law for the time being in force had not expired before such establishment such appeal shall lie –
(a) to the Central Administrative Tribunal, within ninety days from the date on which the Administrative Tribunal (Amendment) Bill, 1986, receives the assent of the President, or within ninety days from the date of receipt of the copy of such decree or order, whichever is later, or
(b) to any other Tribunal, within ninety days from its establishment or within ninety days from the date of receipt of the copy of such decree or order, whichever is later.
Comments
Section 29 provides for automatic transfer of suits to Tribunals. Where a suit was decreed ex parte and the matter is subsequently transferred to the Tribunal, the application for setting aside ex parte decree shall be maintainable before the Tribunal alone; Secretary of Communication, Post and Telegraphs Department v. IIIrd, Additional District Judge, Gorakhpur AIR 1992 All 270.
1. Ins. by Act 19 of 1986, sec. 21 (w.r.e.f. 22-1-1986).
Administrative Tribunals Act 1985
