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1967 Supreme(All) 452

D. P. UNIYAL
Roop Lal – Appellant
Versus
Shiv Prasad – Respondent


Advocates appeared:
Hari Sarup and P.C. Gautam, Advocates, for the Applicant; K.C. Saksena, Advocate, for the Opposite Parties

JUDGMENT

D.P. Uniyal, J. - This is an application in revision from an order of the learned District Judge, Farrukhabad remanding the case to the Civil Judge for disposing of the objections to the award made by Sheo Prasad opposite party.

In order to appreciate the controversy it is necessary to state a few facts. Roop Lal filed an objection before the Consolidation Officer saying that as he had become Bhumidhar his name should be entered in the revenue records as owner. This application was contested by the opposite party who claimed to be Sirdar of the land in dispute. Since a question of title was raised by Roop Lal the matter was referred by the Consolidation Officer to the Civil Judge, who in his turn, sent the case to an arbitrator who made an award on 14-2-1958 and held that Roop Lal applicant was Bhumidhar of the land in dispute. The award was confirmed by the Civil Judge on 15-3-1958, and was made the rule of the court by an order dated 19-3-1958.

The opposite party then filed an application for setting aside the order confirming the award on the ground that he had no notice of the date of the filing of the award. His application was allowed on 2-8-1958 and the order confirm

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