1. Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties.

2. The Reference Court under Section 18 of the Land Acquisition Act has dismissed an application under Order IX, Rule 9 read with Section 151 of C.P.C for restoration of Land Acquisition Case No. 19 of 2001, on the ground that it is not maintainable, as the reference has been decided on merits by answering all the issues framed.

3. In Land Acquisition Case No. 19 of 2001, the Court decided all the issues after holding that the applicant and his counsel are absent and no evidence has been led to substantiate the claim on merits. This dismissal of reference was on 13.08.2012.

4. The petitioner who is the original applicant had two remedies, either to file Regular Civil Appeal under Section 54 of the Land Acquisition Act or to file an application under Order IX, Rule 13 of C.P.C to set aside the ex parte decree. The applicant has preferred an application under Order IX, Rule 9 read with Section 151 of C.P.C. for restoration of the Land Acquisition Reference case, proceeding on the footing that the reference need to be decided on merits after framing the applic