Allahabad Court February 1963 Judgments
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Shyam Swarup Saksena Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Feb-02-1963
Reported in: AIR1963All426
ORDERN.U. Beg, J. 1. This writ petition has been filed by Shyam Swamp Saksena praying that a writ of mandamus, certiorari or any other appropriate writ or direction may be Issued restraining opposite parties Nos. 1 to 3 from continuing the proceedings for the acquisition of the land in village Sheikhapur, pargana, tahsil and District Lucknow, mentioned in the notice purporting to be under Section 9(3) of the Land Acquisition Act (1 of 1894) and for quashing the said notice and all notifications and orders in con-nection with the aforesaid proceedings.The opposite parties Nos. 1 to 3 in the writ petition are :(1) The State of Uttar Pradesh. (2) The Mukhya Nagar Adhikari, Nagar Mahapalika, Lucknow, and (3) The Land Acquisition Officer, Lucknow. Opposite party No. 4 is Suresh Chand Rupainwar. 2. The petitioner is the purchaser of a share in a portion of two plots, viz., plots Nos. 551/1 and 652/2, situate in village Sheikhapur, pergana, tahsil and district Lucknow from one Ram Sumiran S...
Ram Shanker and ors. Vs. Lalta Prasad and anr.
Court: Allahabad
Decided on: Feb-01-1963
Reported in: AIR1964All124
S.D. Singh, J 1. This first appeal from order has been filed against an order passed by the Additional Civil Judge, Orai, by which an application under Section 151 Civil Procedure Code for restoration of an appeal was dismissed.2. What happened was that a date was fixed for the hearing of the appeal and information of the same was given to the appellant's counsel Sri Ramadhar Sharma. But neither he nor the appellants appeared on the date of hearing and the appeal was consequently dismissed for default on 25-5-1962. An application for restoration of the appeal was moved on 28-8-1962 and it was then contended that limitation for restoration of the appeal as prescribed under Article 168 of the Limitation Act had expired and that the provisions of Section 151 Civil Procedure Code could not be availed of. These contentions were accepted by the Civil Judge and the application was dismissed.3. On facts the position is that intimation of the date fixed for the hearing of the appeal was given t...
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