STATE OF U P Vs. LAL BIHARI

JUDGEMENT

(1.) :-

(2.) THESE two writ petitions have been filed against the judgment of the District Judge, Gorakhpur, dated 22-3-1983.

(3.) COMING to Writ Petition No. 7844 of 1983, the argument advanced was that the District Judge erred in rejecting the application filed under Order XLI Rule 27 CPC. The submission was that although Order XLI Rule 27 CPC has not been specifically applied to the proceedings of an appeal under section 33, but as appeal before the District Judge is decided as a Civil Court, the Code of Civil Procedure applicable to a court in deciding a civil appeal will be applicable to the case of an appeal under section 33 of the Act.