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2015 Supreme(All) 3784

RAM SURAT RAM (MAURYA)
Dev Dutta – Appellant
Versus
Narendra Nath – Respondent


Advocates Appeared:
For the Petitioner: Rama Kant Dixit,Ved Prakash Shukla
For the Respondent: C.S.C.,Jai Ram,Nitin Srivastava

JUDGMENT

Ram Surat Ram (Maurya), J.

Heard Sri Rama Kant Dixit for the petitioners and Sri Nitin Srivastava for the contesting respondents.

2. The writ petition has been filed against the orders of Sub Divisional Officer dated 22.8.2015 and Additional Commissioner dated 22.9.2015 by which plaint of the petitioners under Section 229 B of UP Act No. 1 of 1951 has been rejected under Order VII, Rule 11 (d) C.P.C. and the revision has been dismissed.

3. There were two issues framed i.e. first issue was framed that exemption of notice under Section 80 CPC and Section 106 of UP Panchayat Raj Act 1947 in the suit and other issue was that the suit is barred under Section 34 of UP Land Revenue Act. The court below has rejected the plaint for non -compliance of Section 80 CPC and Section 106 of UP Panchayat Raj Act 1947 and suit is barred under Section 34 of UP Land Revenue Act.

3. I have considered the arguments of the counsel for the parties.

4. Section 34 (5) of UP Land Revenue Act 1901 provides that in case report relating to succession or transfer of possession has not been given under Section 34 of UP Land Revenue Act then no revenue court shall entertain the suit. Thus the bar contained




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