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1973 Supreme(Pat) 214

N.L.UNTWALIA, NAGENDRA PRASAD SINGH
Shyam Shankar Sahai – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Certain land belonging to the petitioners was acquired under the Land Acquisition Act, 1894 (hereinafter called the Act). Collectors award was made for a certain amount. The petitioners asked the Collector to make a reference under Sec.18 of the Act as, according to them, the amount awarded by the Collector was too inadequate. Accordingly reference was made by the Collector in Land Acquisition Case No. 289 of 1964. On the 9th of September, 1967 a time petition was filed on behalf of the petitioners on certain grounds. The time petition was rejected and thereafter the court dismissed the land acquisition case for default The petitioners filed an application, presumably, under Order 9, Rule 9 of the Code of Civil Procedure (hereinafter called the Code) for restoration of the land acquisition case trying to make out a sufficient cause. The court below, on a consideration of the evidence adduced before it, did not find in favour of the petitioners that sufficient cause prevented them from appearing when the land acquisition case was called out on 9-9-67. In that view of the matter, their application was dismissed. The petitioners filed miscellaneous first appeal under Order




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