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1996 Supreme(SC) 54

M.M.PUNCHHI, SUJATA V.MANOHAR
Preetam Singh – Appellant
Versus
Assistance Director Of Consolidation – Respondent


ORDER

This appeal is by certificate granted by the Allahabad High Court. A division Bench of the High Court vide order dated 2-1-1978 dismissed the writ petition of the appellants. The question of law arising therein related to the finality of an order of remand containing findings, recorded by an intermediate court during consolidation proceedings. The principles of Section 11 of the Code of Civil Procedure and those contained in Section 105 thereof were found attracted in the case.

2. Regretfully we do not have the assistance of the respondents, who even though served have not put in appearance. They are therefore proceeded against ex-parte.

3. On May 17, 1969, a Notification under Section 4 of the U.P. Consolidation of Holdings Act was published in the U.P. Gazette for bringing about consolidation of holdings in the village where the land in dispute is situate. In the year in which the village came under consolidation (Known as the basic year), the appellants were recorded as Bhoomidars over a holding measuring 38.25 acres and also being in its possession. The Gaon Sabha of the village filed an objection under the provisions of the Act before the Consolidation Officer alleging that






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