NATHMAL MAHESHWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THESE Civil Revision Nos. 172/90 and 176/90 are being disposed of by this order as similar questions of law and fact are involved in both of the said revisions.

(2.) THE petitioners in both of the revisions have filed the present revision petition against the orders dated 25 -1 -1989 and 5 -1 -1990 passed in M.J.C. Nos. 12 and 14 of 1983 of the Court of 1st Addl. Judge to the Court of District Judge, Chhindwara. By virtue of the order dated 5 -1 -1990, the learned Addl. District Judge to the Court of District Judge, Chhindwara held that in therelevant cases the matter was heard in absence of the parties and was decided on the basis of their merits and therefore, provisions contained under Order 9, Civil Procedure Code do not apply in such cases. As the order was passed on the basis of merits of the cases only revision or appeal as the case may be, could be filed against the said order. The said Court further held that the provisions contained under Order 9, Civil Procedure Code were not applicable to the proceedings instituted under the provisions of Land Acquisition Act.

(3.) AFTER the amendment of Section 141 of the Code of Civil Procedure in the year 1976 and in view of the pronouncement by the Division Bench of our own High Court reported in State of M. P. v. Jambai, 1986 MPLJ 341, the provisions of Order 9 of Civil Procedure Code were made applicable to the proceedings pending in any Court of Civil jurisdiction. Consequently, in the present case, the reasoning given by the learned Addl. District Judge to the effect that the provisions contained in Order 9 were not applicable to the present case is obviously erroneous and deserves to be set aside.