BALRAM & OTHERS versus THE IIIRD ADDITIONAL DISTRICT. JUDGE & ANR.

BALRAM & OTHERS versus THE IIIRD ADDITIONAL DISTRICT. JUDGE & ANR.

The procedure for appeals under the Act necessarily includes the provisions of Order XXII of the Code of Civil Procedure and Articles 120 and 121 of the Limitation Act, 1963 regarding substitution and abatement. The application for substitution was filed beyond the limitation period, thus rightly dismissed.

Parties
Appellants: Balram & Others; Respondents: IIIrd Additional District Judge & Anr.
Jurisdiction
India
Judgment Date
12 April 1983
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Substitution of Parties, Abatement, Condonation of Delay, Limitation, Ceiling on Land Holdings
Civil Procedure Land Law Substitution of Parties Abatement Condonation of Delay Limitation Ceiling on Land Holdings

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Parties

Balram & Others

Appellants

IIIrd Additional District Judge & Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Allahabad High Court

Legal Issues

  1. 1 Whether the procedure under the Code of Civil Procedure, including abatement and limitation, applies to appeals under U.P. Imposition of Ceiling on Land Holdings Act, 1960
  2. 2 Whether Articles 120 and 121 of the Limitation Act, 1963 apply to substitution applications in ceiling appeals

Ratio Decidendi

The procedure for appeals under the Act necessarily includes the provisions of Order XXII of the Code of Civil Procedure and Articles 120 and 121 of the Limitation Act, 1963 regarding substitution and abatement. The application for substitution was filed beyond the limitation period, thus rightly dismissed.

Court Disposition

Appeal dismissed

Orders

  • No costs awarded