Appeals under Section 58 of the RERA Act can only be entertained on the grounds specified under Section 100 of the Code of Civil Procedure, involving substantial questions of law. The applicable court fees for such appeals should be determined based on general principles of law in the absence of specific statutory provisions.

ORDER

1. Both these appeals have been filed under the provision of Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred as "RERA Act"). The registry has registered both appeals as second appeals and Court fees of Rs.1000/- in both appeals paid by appellants has been reported as sufficient.

2. Since Section 58 of the RERA Act, 2016 do not specifically provide the nature of appeal as to second appeal and further under the provision of RERA Act and Rajasthan Real Estate (Reulation and Development) Rules, 2017 (hereinafter referred as "the RERA Rules, 2017"), there is no provision for making valuation of dispute and for quantum of Court fees payable on appeal filed under Section 58 of the RERA Act, hence, two issues fall for consideration by this Court :-

"(1) The appeal filed under Section 58 of the RERA Act, 2016 be registered under which category of appeals before the High Court of Judicature for Rajasthan.

(2) How much Court fees is payable on appeal filed under Section 58 of the RERA Act, 2016 before the High Court?"

3. In order to adjudicate the issue No.l regarding registration of category/ nature of appeal, it is necessary to look into the provision of Section 58 of the RERA Act.

4. Section 58 of the RERA Act, 2016 reads as under:-

"58. Appeal to High Court.-(1) Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court, within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908):

Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

Explanation.-The expression "High Court" means the High Court of a State or Union territory where the real estate project is situated.(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties."

5. From perusal of provision of Section 58 of the RERA Act, it stands clear that the appeal can be entertained by the High Court only on the ground as specified under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred as "the Act of 1908").

6. It has been canvassed before this Court that the High Court of Allahabad, High Court of Punjab and Haryana, High Court of Chhattisgarh, High Court of Karnataka, High Court of Bombay and High Court of Madhya Pradesh, in their states have directed to register appeals filed under Section 58 of the RERA Act in different categories like "RERA Appeal", "Civil Misc. Second Appeal", Civil Second Appeal" or "Civil Misc. Appeal". However proposition of law is clear that although appeals may have been allowed to be registered in different categories, nevertheless, the High Courts are ad idem that according to provision of Section 58 of the RERA Act, the appeal can be maintained/entertained only on the grounds as specified under Section 100 of the Act of 1908, it means on involvement of any substantial question of law in the appeal.

7. Section 100 of the Act of 1908 prescribes second appeal from appellate decrees. Section 100 of the Act of 1908 envisages that an appeal shall lie to the High Court, from every decree passed in appeal by any Court, subordinate to the High Court, if High Court is satisfied that case involves a substantial question of law. From perusal of provision of Section 100 of the Act of 1908, the proposition of law clearly emerges that in order to file a second appeal before the High Court, the order/decision passed by the Appellate Court/Authority should follow two ingredients:-"(i) The Appellate Court/Authority/Tribunal should be subordinate to the High Court, (ii) The decision or order passed by the Appellate Court/Authority/Tribunal should be a decree."

8. The RERA Act, 2016 has