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Hazi Roshan Bepari and anr. Vs. the Collector of Dacca - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in94Ind.Cas.330
AppellantHazi Roshan Bepari and anr.
RespondentThe Collector of Dacca
Cases ReferredHasun Molla v. Tasiruddin
Excerpt:
civil procedure code (act v of 1908), order ix, rule 13 - ex parte decree in reference under land acquisition act--refusal to set aside--appeal. - 1. this is an appeal against an order of the learned district judge of dacca refusing to set aside an ex parte order dismissing a reference made to him under the land acquisition act for default.2. mr. guha, who has appeared for the respondent, contends that in this case no appeal lies and in support of his contention, he has referred us to the case of hasun molla v. tasiruddin 15 ind. cas. 925 : 39 c. 393. the decision is undoubtedly on all fours with the present case. the learned judges pointed out that an order refusing to set aside an ex parte decree made in a reference under the land acquisition act is not an award and, therefore, no appeal 'lies against that order.3. the appeal must, therefore, fail as being incompetent and is dismissed with costs. hearing fee three gold mohurs.
Judgment:

1. This is an appeal against an order of the learned District Judge of Dacca refusing to set aside an ex parte order dismissing a reference made to him under the Land Acquisition Act for default.

2. Mr. Guha, who has appeared for the respondent, contends that in this case no appeal lies and in support of his contention, he has referred us to the case of Hasun Molla v. Tasiruddin 15 Ind. Cas. 925 : 39 C. 393. The decision is undoubtedly on all fours with the present case. The learned Judges pointed out that an order refusing to set aside an ex parte decree made in a reference under the Land Acquisition Act is not an award and, therefore, no appeal 'lies against that order.

3. The appeal must, therefore, fail as being incompetent and is dismissed with costs. Hearing fee three gold mohurs.


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