The provisions of the Code of Civil Procedure apply to writ proceedings under Article 226 of the Constitution, as far as they can be made applicable.

P.C.Pandit, J.

1. This is an application under Sections 151/152 of the Code of Civil Procedure-filed by Sona Ram and others for the clarification of the order dated 7-12-1960 passed by Bishan Narain J. in Civil Writ No. 39 of 1960.

2. The applicants are displaced persons from West Punjab and after the partition of the country, they had settled in Jullundur City, where they had been in actual cultivating possession of the evacuee urban agricultural land measuring about 86 kanals within the municipal limits of Jullundur City for the last about 10 years. This land was first given on lease to Smt. Durga Devi and Chattar Singh, displaced land holders, and the applicants cultivated the same under them as their sub-lessees. Later on, however, in 1956 both the allottees gave up this land and since then the applicants had been cultivating it in their own right on payment of lease money etc. to the Government. In pursuance of the circular letter dated 27-11-1957 issued by the Chief Settlement Commissioner, the applicants were not transferred this property. The same was, however, disposed of by public auction in different lots on 9-10-1959 and it was purchased by Messrs. Rattan Chand Kapur and Company and others, respondents 4 to 6 in this application. Thereupon, the applicants filed a writ petition (Civil Writ No. 39 of 1960) in this Court, praying for a writ of certiorari quashing the auction-sale of the land in dispute held under the illegal Instructions issued by the Chief Settlement Commissioner. This writ petition was heard by Bishan Narain J. on 7-12-1960 and the last paragraph of his order is as follows:

"The result is that this petition succeeds. I, therefore, accept this petition and quash the press-notes dated 31-5-1957, 15-10-1957, 31-10-1957 and also the circular letter dated 27-11-1957. The petitioners are entitled to get costs or this petition from respondents 4 and 6. Counsels fee Rs. 100/-."

3. According to the applicants, the District Rent and Managing Officer, Jullundur, respondent No. 3, misconstrued the abovementioned order and directed the Tehsildar, Jullundur, vide his order dated 29-12-1961 to deliver the possession of the land in dispute to the auction-purchasers. This resulted in the filing of the present application. It was stated therein that by accidental omission, it was not specifically mentioned in the order of Bishan Narain J. that the auction In favour of respondents Nos. 4 to 6 was also set aside. The writ petition had been accepted, which meant that the applicants prayer for quashing the sale in question was also being allowed. When the press-notes and the circular letter were quashed, then in view of the decisions of this Court in Ram Nath V/s. Central Government, 1960-62 Pun LR 53: (AIR 1980 Punj 330) and Bishan Singh V/s. Central Government 1961-63 Pun LR 75: (AIR 1961 Punj 451), any action taken in pursuance of them was also illegal. Thinking that since their writ petition had been allowed, and the auction-sale in favour of respondents 4 to 6 was automatically quashed, the present application was not filed earlier. But now since orders had been issued by respondent No. 3 to the Tehsildar, Jullundur, for the delivery of the possession of the land to the auction-purchasers, this application had been put in.

4. This application came up before me, in the first instance, and Mr. Shamair Chand, learned counsel for respondent No. 4, raised a preliminary objection that It was not maintainable, because the provisions of the Code of Civil Procedure (hereinafter referred to as the Code) did not apply to petitions under Article 226 of the Constitution. Since there was conflict of judicial opinion on this point, I referred the application for decision to a larger Bench. That is how the matter has come up before us.

4. A. The first question for determination in this case is whether the provisions of the Code apply to a petition filed under Article 226 of the Constitution.

5. The relevant section for our