PURANDARA SAHU Vs. LAND ACQUISITION ZONE OFFICER

JUDGEMENT

(1.) This petition challenges the order dated 11.04.2016 passed by the learned Civil Judge (Sr. Divn.), Athamalik in C.M.A. No.50 of 2011. By the said order, learned trial court rejected the application filed by the petitioner under Order 9 Rule 4 C.P.C. for restoration of L.A. Misc. Case No.90 of 2011 to file.

(2.) The petitioner is a land oustee. A piece of land belonging to the petitioner was acquired by the State of Orissa. The petitioner filed an application under Section 18 of the Land Acquisition Act, 1894 before the Land Acquisition Collector, Angul for higher compensation. The said case was referred to the learned Civil Judge (Sr. Divn.), Athamalik and registered as L.A. Misc. Case No.90 of 2001. While the matter stood thus, the matter was dismissed for default. Thereafter the petitioner filed an application under Order 9 Rule 4 C.P.C. for restoration, which was eventually dismissed.

(3.) Heard Mr. B.R. Barick, learned counsel for the petitioners and learned A.S.C. for the opposite parties.