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1974 Supreme(All) 178

N. D. OJHA, D. S. MATHUR, R. B. MISRA
Ramakant Singh – Appellant
Versus
Deputy Director of Consolidation, U. P. – Respondent


Advocates:
Shitla Pd., for Petitioner; Sankatha Rai, Standing Counsel, for Respondents.

Judgement

MATHUR, C. J. :- In view of the conflict in two Division Bench decisions of this Court the following question has been referred to this Full Bench:-

"Whether after the record has been called for by the Deputy Director of Consolidation under Section 48 of the U. P. Consolidation of Holdings Act, it is open to him to dismiss the revision on the ground that a necessary party has not been impleaded in the memorandum of revision or he should examine the record and pass such an order which will advance justice after hearing the person who has not been impleaded ?"

2. In Abdul Junaid v. Dy. Director of Consolidation, 1972 All LJ 435 it was observed:-

"Section 48 does not confer any right on a party to file an application in revision: It confers a power on the specified authority for the sake of keeping the inferior authorities within bounds. For that purpose he may call for the record of an inferior authority and examine it and pass an appropriate order. Having regard to the object underlying Section 48 it appears to us that once the record has been called for by the specified authority, he should not ordinarily refuse to examine the record and to check whether the inferior authorit























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