BAIKUNTH NATH KAUSHIK Vs. ANAND SWAROOP KAUSHIK

JUDGEMENT

(1.) SriRajendra Dobhal,Advocate for the review petitioner. He is heard.

(2.) THE petitioner is seeking review of the order dated 6th of May, 2006 2006 (1) U. D. , 525. , whereby the two questions referred by the learned Single Judge were answered in Para 12 of the order, which reads as follows : "therefore, both the questions referred as mentioned above by learned Single Judge of this Court, are answered as under: Answer to Question No. 1:- Sub Section (4) of Section 331 of U. P. Zamindari Abolition and Land Reforms Act, 1950 (U. P Act No. 1 of 1951) adopts provision of Section 100 of Code of Civil Procedure, 1908 by incorporation as it existed in 1951 but rest of the provisions of the Code are adopted by reference un der Section 341 of U. P Act. No. 1 of 1951. Answer to Question No. 2 :-THE amended provision of Section 100 of Code of Civil Procedure, 1908, (as amended vide Act No. 104 of 1976, would not apply to sub Section (4) of Sec tion 331 of U. P. Zamindari Abolition and Land Reforms Act, 1950 ' (U. P. Act No. 1 of 1951) and the said sub Section can not be deemed to have been substituted after the amendment made in Section 100 of the Code. Writ petitions be listed before appro priate bench with aforesaid answers. "

(3.) SUB Section (30) of Section 3, quoted above, does not make any differ ence as SUB Section (4) of Section 331 of the Act mentions only Section 100 of Code of Civil Procedure whereas Section 341 refers to the entire Code of Civil Pro cedure. Therefore, the amended provisions of Code of Civil Procedure would be ap plicable to Section 341 only and not to SUB Section (4) of Section 331.