M.P.VARMA
Babulal Mehtar – Appellant
Versus
Fakira Mehtar – Respondent
1. The moot question raised in this revision is whether O.1, R.10 of the Civil P.C. (for brevity as the Code) is applicable in a case under Land Acquisition Act, 1894 (hereinafter referred to as the Act).
2. The facts of the case virtually are not in dispute. The land of plot No. 134 of village Tisiauta, P. S. Patepur in the district of Vaishali has been acquired for the purpose of excavation of canal in the village by the State of Bihar. The award for payment of compensation was prepared in the name of opposite party No. 1 Fakira Mehtar. Since he made an objection to the amount of compensation awarded, the learned Collector under S.18 of the Act made a reference for decision to the Land Acquisition Judge. The petitioners filed an application under O.1 R.10 of the Code for intervening in the aforesaid reference proceeding before the Land Acquisition Judge on the plea that the petitioners are the co-sharers of the joint family properties which have been acquired by the State of Bihar. The learned Judge by his order dated 22-5-1979 rejected the prayer of the petitioner on the plea that the provisions with regard to the addition of parties are not applicable in a reference pro
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