JUDGMENT :

SHARAD KUMAR SHARMA, J.

This writ petition itself has got a bundle of intermingled facts, which has been sought to be attracted by the learned counsel for the parties, in order to justify their respective knowledge of the proceedings of Suit No. 57 of 2014, Santosh Chandra Vs. Sunder Lal and others, being the proceedings which was instituted under Section 176 of the U.P.Z.A. & L.R. Act, for partition of the holding in relation to the property, which was more appropriately described therein at the foot of the plaint. The Suit was instituted on 26.05.2014.

2. It’s not in controversy between the parties, that the proceedings under Section U.P.Z.A. & L.R. Act are governed by the provisions as contained under Section 341 of U.P.Z.A. & L.R. Act, which had in its applicability the provisions as contained under the Code of Civil Procedure, to be applied over all proceedings which are held under the Act, which is a special statute in itself. If that be so, then quite obviously, upon the institution of any of the proceedings for deciding a material right in relation to the parties to the suit, there has had to be a mandatory compliance of the provisions contained under Order 5 of the