BHIMU DEVI Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) Petitioners are aggrieved by the order passed by the learned District Judge, Kinnaur Civil Division at Rampur Bushahr in case No. 21 -R/6 of 2001 dated 4.9.2001, whereby reference was rejected for non -payment of costs of Rs. 1000/ -.

(2.) Admitted facts of this case are that Land Reference Case No. 47 - R/4 of 2000 was pending before the District Judge, Kinnaur at Rampur Bushahr It was dismissed for default of appearance on 23.7.2001 when no one appeared on behalf of the petitioners. Record of the trial Court that was requisitioned further shows that application was filed for setting aside this dismissal and for restoration of the land reference. This was allowed on 29.8.2001 subject to payment of Rs. 1000/ - as costs when reference petition was ordered to be restored. By means of impugned order it is evident that costs were not paid on 4.9.2001, therefore, reference was rejected. Hence the present petition.

(3.) An argument has been addressed on behalf of respondent No. 2 that this revision is not competent as Order 9 Rule 9 CPC is appealable therefore petitioners ought to have filed an appeal in accordance with the provisions of Order 13 CPC. This argument cannot be accepted for the simple reason that the petitioners are not aggrieved by the order whereby their application for setting aside the dismissal for default was allowed on 29.8.2001. They are aggrieved by the subsequent order of 4.9.2001 when reference was rejected on account of non -payment of costs.