Supreme Court of India · 1996-07-25
RAJMANI vs THE COLLECTOR, RAIPUR
- Citation / case number
- SC 1981/63759
- Court
- Supreme Court of India
- Petitioner
- RAJMANI
- Respondent
- THE COLLECTOR, RAIPUR
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the High Court's view, which denied the appellant's application for restoration under Order 9, Rule 13 CPC, was incorrect. The Court emphasized that the provisions of the CPC apply to proceedings under the Land Acquisition Act, 1894, as per Section 53, unless inconsistent. The Court ruled that the appellant was entitled to be heard and set aside the ex-parte order of the reference Court, allowing the appeal against the High Court's order.