Law: Land Acquisition Act, 1894

Section: 18,30,53

Law: Land Acquisition Act, 1894

Section: 18,30,53

Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,r.1,O.I,r.10

Land Acquisition Act (I of 1894)------- Ss. 18, 30 & 53---Civil Procedure Code (V of 1908), O.XXIII, R.1 & O.I, R.10---Withdrawal of petition by petitioner---Power of Court to decline application for withdrawal---Transposition of parties---Petitioners challenged the award and claimed that they being the owners of land acquired, were entitled to compensation under impugned award---Claim was decreed and petitioners showing extra vigilance received compensation amount from Collector before lapse of statutory period of limitation of appeal against the decree---Decree was reversed later on and petitioners contested first and second rounds of appeals without disclosing the fact of receiving compensation amount---When petition under Ss.18 & 30 of Land Acquisition Act, 1894 was fixed for final arguments petitioners sought permission for unconditional withdrawal of petition which was refused---Validity---Though under O.XXIII, R.1, C.P.C. a plaintiff, petitioner or an appellant has the right to withdraw the suit, petition or an appeal, if he is not seeking permission to file the same afresh but court of law has power to disallow mala fide application filed with ulterior motives as in the present case---Record revealed that petitioners received compensation amount prior to the final disposal of dispute of entitlement of parties to the compensation amount---Such fraudulent and mala fide conduct of petitioners called the court to disallow withdrawal of application---Chief Court invoking powers under O.1, R.10, C.P.C. transposed the respondents to the original petition under Ss.18 & 30, Land Acquisition Act, 1894 as petitioners and petitioners as respondents for the purpose of relief in petition---Contention that such transposition of parties in a reference was not within the ambit of power of Chief Court had no force because section 53 of Land Acquisition Act, 1894 did not exclude the application of C.P.C. to the proceedings before the Referee Court unless any provision of C.P.C. would be inconsistent with provisions of Laud Acquisition Act, 1894---Case was remanded to Referee Court for adjudication on merits. PLD 1988 Kar. 560 rel. 1963 Kr. LJ 724 ref.…

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