The provisions of Order 1, Rule 10, Code of Civil Procedure, are applicable to a proceeding initiated under Sec. 30 of the Land Acquisition Act, as there is no inconsistency between the provisions of the Act and the Code.

Mahapatra, J.

1. Those two applications in revision arise out of Land Acquisition cases Nos. 1094 and 1098 of 1960, pending before the Additional District Judge. Patna. An award was made in both the cases under Sec.11 of the Land Acquisition Act by the Collector of Patna in favour of one awardee in each case, hut persons other than in whose favour such award was made claimed before the Collector that the compensation was payable to them. In those circumstances, the Col lector made a reference under Sec.30 of the Land Acquisition Act (to be referred herein-after as the Act) to the Court. The last portion of his order is in the following terms:-

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"This is a matter of dispute of civil nature, hence the matter is referred to the Dist Judge, Patna, for decision and payment of the awarded amount to the rightful persons."

It thus appears that as there was a dispute as to the persons to whom the awarded compensation is payable, the Collector made the reference in these two particular cases to the Court for decision.

2. The present petitioner made an application before the Court to be added as a party. Admittedly, she had not appeared before the Collector either at the lime when the award was made or thereafter when the claim for payment of compensation was made by persons other than the awardee. This application was rejected by the learned Additional District Judge, on the ground that she would not be covered by the dispute that was referred to him by the Collector under Sec.30 of the Act. Learned Counsel contests this finding and urges that under Sec. 53 of the Act the provisions under the Code of Civil Procedure are applicable to a proceeding initiated under Sec.30 of the Act. In that view, the provisions under Order 1, Rule 10, Code of Civil Procedure, for addition of parties will he attracted to the present case.

3. The Land Acquisition Act provides for reference by the Collector in specific matters for decision of the Court. One such reference is contemplated under Sec.18. The matter which will be covered by such a reference under Section 18 includes the question of persons to whom the amount of compensation is payable. In such a reference, the Court is required to cause a notice, specifying the day on which the Court will proceed to determine the objection and directing their appearance before the Court on that day, to be served on the application at whose instance the reference is made by the Collector and all persons interested in the objection. "Persons interested" has been defined in the Act to include all persons claiming an interest in the compensation to be made on account of the acquisition of land under the Act. In that view, any person who can be called a person interested with reference to a particular land which is compulsorily acquired under the Act can come before the Court, when a reference is made to it under Sec.18, as he will be a person on whom a notice of hearing of the objection involved in that reference is required to be given. Even if such a notice is not given, he can still come before the Court and claim such notice and be heard.

4. Sec.30 of the Act states: -

"When the amount of compensation has been settled under Sec.11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the Court."

For a reference under this section, no particular procedure has been prescribed in the Act like that mentioned in Sec.20 in regard to a reference under Sec.18. Sec. 53 of the Act lays down:-

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"Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure shall apply to all proceedings before the Court under this Act."

Since no other procedure has been prescribed for a reference under Sec.30, aid has to be taken of the provisions of the Code of Civil Procedure in that respect. There is nothing in the