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1981 Supreme(SC) 505

R.B.MISRA, S.MURTAZA FAZAL ALI
Choudhary Sahu: Surajballi Sah – Appellant
Versus
State Of Bihar – Respondent


Advocates:
B.P.SINGH, D.GOVERDHAN CHARY, M.C.BHANDARE, P.R.MRIDUL, PANKAJ KAIRA, R.K.JAIN, R.N.Poddar, R.P.SINGH PAL, SOLI J.SORABJI

JUDGMENT

MISRA, J.:—These eight appeals by special leave raise a common question of law regarding the scope of O. 41, R. 22 and O. 41, R. 33 of the Civil P. C. We, therefore, propose to dispose of these appeals by a common judgment. Since these appeals raise similar questions, we will refer to the facts of civil appeal No. 2084 of 1977 only.

2. The appellant in this appeal is a land holder in terms of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act). A notice under S. 8 (1) of the Act was issued to the petitioner calling upon him to submit return with all the particulars of the lands held by him. The petitioner in response to the said notice filed his return. On the basis of the verification report the Additional Collector came to the conclusion that the petitioner was entitled to five units and accordingly ordered for the publication of the draft statement under Section 10 of the Act. The petitioner was again served with a notice under S. 10 (2) of the Act. In response thereto he filed an objection laying inter alia a claim for fifteen units for reasons enumerated therein. The Collector considered the o






















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