Alienation of Land (Distress circumstances) (Restoration) Ordinance, 1976

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]