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1985 DIGILAW 637 (ALL)

Radhey Lal v. Surendra Babu

1985-06-12

JITENDRA PRASAD

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JUDGMENT Jitendra Prasad, Member. - This is a reference made by the learned Addl. Commissioner, Allahabad vide his recommending order dated March 12, 1979 against the order dated August 31, 1978 passed by the Addl. Collector, Etawah under Rule 115-F of the U.P. Z.A. and L.R. Rules. 2. No objection has been filed against the aforesaid recommending order. 3. The learned counsel for the revisionist supported the order of the learned Addl. Commissioner since the impugned order dated August 31, 1978 was passed on the basis of affidavits filed by the parties. 4. The provisions of Civil Procedure Code, are applicable to all the proceedings of Act I of 1951. Since admission of evidence on affidavit is not the mode prescribed under the provisions of Civil Procedure Code, I am not inclined to disagree with the recommendation of the learned Addl. Commissioner. 5. In view of the above and agreeing with the recommending order of the learned Addl. Commissioner I hereby set aside the impugned order and direct the trial court to enquire afresh after allowing the parties to lead oral evidence, record statements and then decide the case on merits.