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1 - 10 of 10 (0.21 seconds)Section 66 in Assam (Temporarily Settled Areas) Tenancy Act 1971 [Entire Act]
Section 51 in Assam (Temporarily Settled Areas) Tenancy Act 1971 [Entire Act]
Assam (Temporarily Settled Areas) Tenancy Act 1971
The Code of Civil Procedure, 1908
Laxmishankar Harishankar Bhatt vs Yashram Vasta (Dead) By L.Rs. on 26 February, 1993
In this
regard, this Court finds it relevant to take note of the judgment of the
Supreme Court in the case of Laxmishankar Harishankar Bhatt Vs.
Yashram Vasta (DEAD) By Lrs. reported in (1993) 3 SCC 49. Paragraph
No. 11 of the said judgment is reproduced herein under:
Beharilal & Anr vs Smt. Bhuri Devi & Ors on 5 December, 1996
In this regard, this Court finds it apposite to
refer to a judgment of the Supreme Court in the case of Beharilal &
Another Vs. Bhuri Devi (SMT) & Others reported in (1997) 2 SCC 279
wherein the issue involved was whether it was necessary to implead
the Mandi Committee as a co-defendant when there was a challenge
to the cancellation of the Patta against the plaintiff and land allotted
in favour of the defendant. In the said proceedings, the Supreme
Court while dealing with the said question, as to whether, failure to
implead the Mandi Committee had rendered the suit as invalid,
observed at paragraph Nos. 8 and 9 that though such a plea was
raised in the written statement about non-joinder of necessary parties
Page No.# 36/39
and the issue was also framed, but the Trial Court had negatived it
and thereupon the same was not pursued. The effect of not pursuing
was dealt with by the Supreme Court at paragraph Nos. 8 and 9 of
the said judgment which being relevant are reproduced herein under:
Doraiswami Goundan vs Subramania Mudaliar on 25 January, 1950
In the case of Doraiswami Goundan Vs. Subramania Mudaliar
reported in AIR 1950 Mad 659, it was held that in a suit between
private parties where the issues were whether Section 44-B of the
Madras Hindu Religious Endowments Act was ultra vires and whether
the orders passed by the Revenue Officers were void and without
jurisdiction and when no relief was asked against the Government,
the Government was not a necessary party to the suit, though it was
a proper party.
Section 68 in Assam (Temporarily Settled Areas) Tenancy Act 1971 [Entire Act]
Section 58 in Assam (Temporarily Settled Areas) Tenancy Act 1971 [Entire Act]
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