KATORI DEVI Vs. COLLECTOR ALIGARH

JUDGEMENT

(1.) This appeal is directed against an order dismissing an application filed under Order IX, Rule 9 C. P. C. for setting aside of an order whereby the proceedings on a reference under Section 18 of the Land Acquisition Act were dismissed.

(2.) It appears that aggrieved against the Award given by the Land Acquisition Officer for acquisition of the appellants' lands the appellants got the matter referred to the District Judge under Section 18 of the L. A. Act. On the case fixed for hearing of the reference, the claimant -appellants did not appear nor did they lead any evidence to substantiate their claim. In this view, the learned Additional District Judge rejected the reference. Soon after, the claimants made an application for setting aside of the order. This application was dismissed on the ground that the provisions of Order IX C. P. C. were not applicable to proceedings on a reference under Section 18 of the Act

(3.) The question is, whether the provisions of the Civil P. C. are applicable to proceedings on a reference under Section 18 of the L. A. Act ?