(1.) The question as to whether the provisions of Order 1, Rule 10 of the Code of Civil Procedure are applicable in a reference under S.30 of the Land Acquisition Act, 1894 (hereinafter called as 'the Act'), arises for consideration in these Civil Revision petitions.
(2.) Before adverting to the question, the fact of each matter may be noticed: CRP. No.765 of 1998 : The lands of the Petitioners in this revision petition were acquired by the 3rd respondent for the purpose of providing house sites to the poor and an award was passed in Award No.1 of 1992 on 6-4-1992 granting compensation. On their request a reference was made to the civil Court under S.18 of the Land Acquisition Act which was numbered as O.P.No. 514 of 1993 on the file of the Subordinate Judge's Court, Pithapuram. The said reference is said to have been converted into a reference under S. 30 of the Act.
(3.) During pendency of the said proceedings, respondents 1 and 2 filed an application being I.A. No. 489 of 1989 under Order 1, Rule 10, CPC contending as that as they are cultivating tenants of the land acquired, they are also entitled for compensation, and hence, they may be impleaded as parties to the proceeding. The said application was allowed by the Court below by the impugned order dated 15-12-1997.
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