AIR 1954 ASSAM 92

Assam High Court

Hon'ble Judge(s): Ram Labhaya, H. Deka , JJ

(A) Civil P.C. (5 of 1908) , S.115— "Court" - Court constituted under Land Acquisition Act. Land Acquisition Act (1 of 1894) , S.54— A Court constituted under the Land Acquisition Act is subject to the revisional jurisdiction of the High Court. Hence though an order of the Land Acquisition Judge dismissing petitioner's application for restoration of his previous application dismissed for default is not covered by S. 54 and is not appealable, yet, the order is revisable under S. 115, C.P.C.(Para 3 4) (B) Civil P.C. (5 of 1908) , O.9 R.8, O.9 R.9, S.151— No date of hearing fixed - Dismissal for default - Restoration application - Limitation. Limitation Act (9 of 1908) , Art.181, Art.163— Where a date for hearing is not fixed or is not notified to the plaintiff or the petitioner, O. 9, R. 8 has no application and the period of limitation for restoration of the application would be three years under Art. 181, the residuary Article. AIR 1935 Pesh. 186, Relied on. In such a case the restoration application can only be made under S. 151 and not under O. 9, R. 9, and Art. 163 would not apply.(Para 5) .....