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1991 Supreme(Ori) 78

ARIJIT PASAYAT
JOGI SAHU – Appellant
Versus
COLLECTOR, CUTTACK – Respondent


Advocates Appeared:
A.K.Mishra, B.BAUG, D.PAL, N.GHOSH, N.M.MOHAPATRA, S.Mahapatra

ARIJIT PASAYAT, J.

( 1 ) MISTAKEN advice by lawyers have sometimes resulted in disastrous consequences, and the case at hand is one classic example.

( 2 ) ). Certain lands owned by the petitioners were acquired for expansion of the Central Rice Research Institute in Cuttack pursuant to a notification published in the official gazette by the State of Orissa on 2-9-1971. The Collector, Cuttack passed award quantifying the entitlement of the petitioners at the rate of Rs. 7,500/ - per acre. The award made by the Collector was not accepted and on a dispute being raised the matter was referred to the learned Subordinate Judge, Cuttack. Due to non-appearance of the petitioners on 10-4-1975, the matter was disposed of by the reference Court with the following order :"o. P. files hazira. Petitioners take no steps. Hence the award of L. A. Collector is confirmed. Misc. Case is dismissed. "therefore, a series of petitions were filed for restoration, some under Order 9, Rule 9, Code of Civil Procedure, 1908 (in short 'cpc') and some under Section 151, CPC. Finally, impugned order dated 11-9-1990 was passed holding that the applications were not maintainable. The learned Subordinate Judge ref



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