Section 9
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Alienation of Land (Distress circumstances) (Restoration) Ordinance, 1976
Section 9
The Code of Civil Procedure, 1908
Section 115
As per provision of section 9 of the Ordinance the decision of the
appellate Court is final and such decisions cannot be questioned in any
Court, therefore, preferring the revisional application under section 115
of the Code is not maintainable– It appears from the judgment of the
Circle Officer (Revenue) who disposed of the case on the factual aspect as
per documents and relying upon such documents allowed the case which was
confirmed by the learned Munsif on appeal. As per provision of section 9 of
the Ordinance the decision of the appellate Court is final and such
decisions cannot be questioned in any Court, therefore, preferring the
revisional application under section 115 of the Code is not maintainable
because such revisional application is barred in view of the provision of
section 9 of the Ordinance. The learned Single Judge of the High Court
Division failed to discuss about the point of law, rather, discussed and
disposed of the revisional application on lengthy academic discussion
advising some procedures and directing the lower appellate Court to dispose
of the appeal as per directions which is beyond the statory provision.
.....Mohd. Keramot Ali Sarder =VS= Md. Samiruddin Sardar, (Civil), 2022(1)
[12 LM (AD) 196]
....View Full Judgment
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Mohd. Keramot Ali Sarder =VS= Md. Samiruddin Sardar |
12 LM (AD) 196 |