Law: Civil Procedure Code (V of 1908)

Section:  O. XVII, r. 3

Law: Land Acquisition Act (I of 1894)

Section: 53, 31 2, 18, 31(2)

  (a) Civil Procedure Code (V of 1908)  O. XVII, r. 3 read with Land Acquisition Act (I of 1894), S. 53-Proceedings before Reference Judge-Applicability of Civil Procedure Code-Provisions of Civil Procedure Code, as contained in O. XVII, r. 3, C. P. C. being not inconsistent with provisions of Act I of 1894, held, applicable to .all proceedings before Court under Act I of 1894. (b) Civil Procedure Code (V of 1908)  O. XVII, r. 3-Production of evidence-Request in writing for granting time-Rule 3 of O. XVIT, C. P. C. though applies only to cases of grant of time to a party on his own request, but no provision made for such request to be made in writing-Verbal request for- grant of time to produce evidence and failure to produce same for which time allowed, held, would bring case within purview of r. 3 of O. XVII, C.P.C.-[Evidence]. (c) Land Acquisition Act (I of 1894)   S. 31 2 , proviso second & S. 18-Award-Acceptance under protest (Acceptance of an award under S. 18 and .consent referred to in second proviso to S. 31 (2)-Connote same idea Section 31 speaking of receipt without protest as debarring making further claims, same criterion, held, applies to construction of S. 18 hence when owner receives compensation without protest, he may be taken to have accepted award. Date of hearing : 8th October, 1979.                                                                                                                            JUDGMENT MUHAMMAD KBURSHID KHAN, J.-This appeal is from a decision dated the 23rd October, 1972, of the Senior Civil Judge, Hazara, appointed to perform the functions of Court under the fund Acquisition Act, 1894, in Land Acquisition Reference Case No. 8 5/4 of 1971, the appellant being the person whose land has been acquired under the Land Acquisition Act, 1894 (which we shall hereinafter call as the hot)…