Section 89 of BNSS : Section 89: Appeal from order rejecting application for restoration of attached property.

Explanation using Example

Example 1:

Rajesh, a businessman, had his property attached by the court due to his failure to appear in a legal proceeding. He later applied for the restoration of his attached property, but the court rejected his application. Rajesh, feeling aggrieved by this decision, decides to appeal to the higher court. According to Section 89 of The Bharatiya Nagarik Suraksha Sanhita 2023, Rajesh can appeal to the court that typically handles appeals from the decisions of the court that initially rejected his application. This higher court will then review the case and decide whether the property should be restored to Rajesh.

Example 2:

Priya's property was attached by the court as part of a legal process against her. She applied for the restoration of her property, but her application was denied. Priya believes this decision was unjust and wants to challenge it. Under Section 89 of The Bharatiya Nagarik Suraksha Sanhita 2023, Priya has the right to appeal this decision. She can take her case to the appellate court that usually hears appeals from the court that made the initial decision. The appellate court will then consider her appeal and determine if the property should be returned to her.