Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908: Or. IX r. 13 rl.w. s.151 Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Or. IX r. 13 r/w. s.151 - Land acquisition proceedings - Land in joint ownership of two persons, acquired - Reference u/s. 18 of Land Acquisition Act for enhancement of compensation by one of the owners - Without impleading the other owner as party - Grant of enhanced compensation by the Reference Court - Application by the other owner u/Or. IX r. 13 r/w.s.151 - Maintainability of - Held: Application u/Or. IX r. 13 not maintainable by a non-party to theĀ· proceedings - However, such relief can be given in exercise of inherent powers u/s. 151. if the order has been obtained by playing fraud upon the Court - But, the same is not maintainable if the fraud is committed upon the party - In such eventuality, the aggrieved party can seek remedy by filing independent suit - In the instant case, the Reference Court could not have permitted the application u/Or. IX, r. 13 - It could not have permitted the application even in exercise of powers u/s. 151, because in the instant case, the fraud was played upon the party and not the Court - Land Acquisition Act, 1894. s. 151 - Inherent powers of the Court- Nature and scope of - Discussed.Land Acquisition Act, 1894 - Reference Court - Jurisdiction of - A person aggrieved can maintain an application for reference u/ss. 18 or 30, but cannot make an application for impleadment or apportionment before the Reference Court.. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 239 |
Petitioner | Ram Prakash Agarwal & Anr. |
Respondent | Gopi Krishan (dead Through L.rs.) & Ors. |
SCR | [2013] 6 S.C.R. 127 |
Judgement Date | 2013-04-11 |
Case Number | 2798 |
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