UNION OF INDIA Vs. JAGTAR SINGH

JUDGEMENT

(1.) On January 20, 1976, the appellant Union of India brought an appeal from the order of the Additional District Judge dated August 28, 1975 in a land acquisition case in which the court had enhanced the compensation for the acquired land of the owner-respondent in village Jaitpur.

(2.) On April 14, 1976, B. C. Misra, J. admitted the appeal to a division bench and made an order for printing the records.

(3.) In the appeal the Union of India also moved an application (C.M. 208 of 1976) under O. 41 rule 5, Code of Civil Procedure praying for an order of stay of payment of the enhanced compensation to the owner. Of this application B. C. Misra, J. issued notice. Accordingly a notice dated May 3, 1976 was sent to the respondent informing him that "an appeal and miscellaneous application (copies enclosed) have been filed in this court in the case noted above and the same have been admitted to hearing by an order of this court dated 14th of April, 1976". The notice then went on to say that the C.M. will be listed before the court on May 27, 1976 (actual) on which date "you may appear before the court either in person or through counsel". This notice is headed as a notice in "C.M. No. 208 76 in and R.F.A. 87 76". This notice was served on the respondent personally on May 14, 1976 and he signed it in token of acknowledgment.