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1973 Supreme(Ker) 191

K.BASKARAN
KALLIANIKUTTY AMMA – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. This is a revision by the petitioner in I.A. Nos. 4299 and 4300 of 1970 in L. A. No. 42 of 1967 on the file of the Subordinate Judge's Court, Ernakulam. I. A. No. 4299 of 1970 was one for condoning the delay in filing I. A. No. 4300 of 1970 which is a petition for restoration of L. A. No. 42 of 1967 which was dismissed for default on 22 61970.

2. The court below dismissed both the petitions; hence this revision. The learned counsel for the revision petitioner submits that L. A. No. 42 of 1967 was one of the many land acquisition reference cases arising out of acquisition of land for the Cochin Division of F. A.C.T., awaiting enquiry, and that the petitioner as well as her agent were under the bona fide belief that this case would come for evidence and enquiry along with the other reference cases only. In fact, it is averred, a petition was filed by petitioner's counsel for trial of L.A. No. 42 of 1967 along with L. A. No. 41 of 1967 in which he was appearing. No order rejecting the petition was, according to the petitioner, pronounced on 22 61970, on which date the petition for joint trial was made. However, contrary to the hopes and belief of the petitioner's counsel














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