AMIR SINGH Vs. CHAUDHARY

JUDGEMENT

(1.) This petition is directed against an order made by an Additional Sessions Judge, on the 18th of May, 1973, whereby he confirmed the finding by the trial Magistrate which in turn was based on the answer given to a reference by a civil court which reference had been made under section 146(1) of the Code of Criminal Procedure, 1898 (hereafter called" the Code"). The trial court's decision was dated the 11th of August, 1972.

(2.) In the proceedings initiated under section 145 of the Code the Magistrate was unable to decide as to which of the parties was in possession of the land in dispute as within two months next before the preliminary order. He acted in accordance with section 146 of the Code and made a reference to the civil court. Section 146 is :- (......)

(3.) The civil court after receiving the reference did not dispose it of expeditiously and ultimately answered the reference by its order dated the 30th of July, 1969, which is reproduced in extenso :-