S. K. Shamshuddin v. Commissioner of Chotanagpur Divin
1983-09-22
S.B.SANYAL, UDAY SINHA
body1983
DigiLaw.ai
Order These applications have been heard together as common questions of law were involved. I. One of the submissions urged on behalf of the petitioners was that the decree passed by the Additional Collector was illegal and without jurisdiction as no decision had been given and, therefore, the decree was inoperative, illegal and without jurisdiction. 2. In our view this submission is well founded. The decrees passed against the petitioners are hereby quashed. Since the decrees covered by these applications have been quashed, the execution proceedings arising out of the connected decrees are also hereby quashed. The maters are now remanded back to Additional Deputy Commissioner who will hear the suits afresh and deeide the suits in accordance with law. The Additional Deputy Commissioner shall receive all such evidence as may be adduced by the parties and pass judgment and decree in terms of the Wilkinson's Rules. The Additional Deputy Commissioner before proceeding to hear the suits will issue notice to the parties in respect of the proceeding. He will take care that every party is served with notice properly. 3. The applications are thus allowed, but in the circumstances of the cases, there shall be no order as to costs. Application allowed.