RAJ MANI versus THE COLLECTOR, RAIPUR

RAJ MANI versus THE COLLECTOR, RAIPUR

Service of notice was not duly effected on the claimant. The proper procedural remedy for restoration of a reference dismissed ex parte under the Land Acquisition Act is an application under Order 9 Rule 9 read with Section 151 CPC, even if initially filed under Order 9 Rule 13. The civil court's restoration order was correct; the High Court's contrary view was not in law.

Parties
Appellant: Raj Mani; Respondent: The Collector, Raipur
Jurisdiction
India
Judgment Date
25 July 1996
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Madhya Pradesh High Court Judgment Dated 29.6.79 in C.r. No. 1055 of 1978
Outcome
Appeal allowed
Legal Topics
Restoration Application, Ex Parte Orders, Service of Notice, Applicability of CPC to Land Acquisition Proceedings
Land Acquisition Civil Procedure Restoration Application Ex Parte Orders Service of Notice Applicability of CPC to Land Acquisition Proceedings

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Parties

Raj Mani

Appellant

The Collector, Raipur

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Madhya Pradesh High Court Judgment Dated 29.6.79 in C.r. No. 1055 of 1978

Legal Issues

  1. 1 Whether service of notice was duly effected on the claimant in reference proceedings under Land Acquisition Act
  2. 2 Proper remedy for restoration after ex parte dismissal of reference under Land Acquisition Act
  3. 3 Applicability of Order 9 Rule 9/13 CPC and Section 151 CPC to proceedings under Land Acquisition Act

Ratio Decidendi

Service of notice was not duly effected on the claimant. The proper procedural remedy for restoration of a reference dismissed ex parte under the Land Acquisition Act is an application under Order 9 Rule 9 read with Section 151 CPC, even if initially filed under Order 9 Rule 13. The civil court's restoration order was correct; the High Court's contrary view was not in law.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Order of the civil court restored