41. (1) Subject to the provision of sub section (2), an appeal shall lie to the [High Court Division] in any of the following cases, namely:-
(a) where the decision is that of the President of the Tribunal sitting alone in pursuance of clause (c) of sub section (9) of section 40; and
(b) where the decision is that of the Tribunal, and:-
(i) the President of the Tribunal grants a certificate that the case is a fit one for appeal; or
(ii) the [High Court Division] grants special leave to appeal:
Provided that the [High Court Division] shall not grant such special leave unless the President of the Tribunal has refused to grant a certificate under sub clause (i) and the amount in dispute is not less than five thousand taka.
(2) An appeal under clause (b) of sub section (1) shall lie only on one or more of the following grounds, namely:-
(a) the decision being contrary to law or to some usage having the force of law;
(b) the decision having failed to determine some material issue of law or usage having the force of law; and
(c) a substantial error or defect in procedure which may possibly have produced error or defect in the decision of the case upon merits.
(3) Subject to the foregoing provisions, the provisions of the Code of Civil Procedure, 1908
, with respect to appeals from original decrees shall, so far as may be, apply to appeals under this section.
(4) Every order passed by the [High Court Division] on appeal under this section shall be enforced by the Court of the Subordinate Judge within whose jurisdiction the land relating to the award or order appealed against is situated, as if it were a decree of that Court.
(5) An appeal under this section shall be deemed to be an appeal under the Code of Civil Procedure, 1908
, within the meaning of Article 156 of the First Schedule to the Limitation Act, 1908