BAIKUNTH NATH KAUSHIK Vs. ANAND SWAROOP KAUSHIK (DECEASED)

JUDGEMENT

(1.) This reference has been made by learned single Judge of this Court, while hearing Writ Petition No. 61 of 2000 (M/S) and Writ Petition No. 285 of 2001 (M/S}, both between the same parties, for being answered on following questions: 1. Whether sub -section (4) of Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950, is legislation by incorporation or by reference and its effect?

(2.) WHETHER the provisions of Section 331 (4) of the U.P. Zamindari and Land Reforms Act, 1950, shall be deemed to have been substituted after the amendment made in Section 100 of the Code of Civil Procedure and, therefore, Section 100 of the Code of Civil Procedure as amended w.e.f. 1.2.1977 will also apply to sub section (4) of Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950? 2. We heard learned Counsel for the parties at length on both the above points.

(3.) IN the year 1951, Section 100 of Code of Civil Procedure, 1908, contained following grounds for second appeal: (a) the decision being contrary to law or to some usage having the force of law; (b) the decision having failed to determine some material issue of law or usage having the force of law ; and (c) a substantial error or defect in procedure provided by the Code or any other law for the time being in force, which may possibly have produced error or defect in the decision of the case upon the merits.