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1967 Supreme(SC) 238

J.C.SHAH, J.M.SHELAT, S.M.SIKRI
Sunderlal – Appellant
Versus
Paramsukhdas – Respondent


Advocates:
C.B.AGARWAL, G.L.SANGHI, GANPAT RAI, J.B.DADACHAN, O.C.MATHUR, R.H.Dhebar, R.N.SACH, S.K.Gambhir, S.P.NAIR, S.T.DESAI

Judgement

SIKRI, J. :- These two appeals, by special leave, are directed against the judgment of High Court of Judicature at Bombay (Nagpur Bench), dated January 7, 1963, allowing two Civil Revision Applications Nos. 294 of 1962 and 295 of 1962, filed by Paramsukhdas, a respondent before us. The High Court, by this judgment, quashed orders dated April 9, 1962, in the Land Acquisition Cases No. 189 of 1961 and No. 190 of 1961 (as amended subsequently on July 6, 1962) and remitted the matter to the Court of the Civil Judge, Akola, for a fresh decision on merits with advertent to the remarks in the judgment. The High Court further directed that Paramsukdas be allowed to be impleaded as a non-applicant in the two proceedings and all parties will be allowed to amend their pleadings or make fresh pleadings with respect to the alleged compromise as filed before the High Court in Special Civil Application No 232 of 1960).

2. Mr. S. T. Desai, the learned counsel for the appellant, contends :

(1) That the High Court has no jurisdiction under Section 115, C. P. C., to interfere with the orders of the Civil Judge, dated April 9, 1962;

(2) That Pararnsukhdas, respondent No. 1, is not a person inter







































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