LAWS(PAT)-2009-7-39

GENERAL MANAGER, NTPC, KANALGAON Vs. CHANDI PRASAD SAH

Decided On July 21, 2009
General Manager, Ntpc, Kanalgaon, Algaon, Bhagalpur Appellant
V/S
Chandi Prasad Sah Son Of Late Nathan Prasad Sah Respondents

JUDGEMENT

(1.) HEARD learned counsel for the appellant in respect of office objection regarding maintainability of this appeal against an order dated 22.5.2009 passed by a learned Single Judge of this Court in First Appeal No. 173 of 2007.

(2.) THE office has relied upon provisions contained in Section 100-A of the Code of Civil Procedure which has been inserted by way of an amendment in the Code of Civil Procedure by Act 104 of 1976.

(3.) THE substance of the submission advanced by learned counsel for the appellant is that without an express amendment in Section 54 of the Land Acquisition Act showing applicability of further amendments in the Code of Civil Procedure to an appeal under Section 54 of the Land Acquisition Act, the amendments in the Code of Civil Procedure including Section 100-A will have no application to any appeal before a High Court.