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Sohani Devi (Smt.) vs. Hindustan Zinc Ltd. & Anr.

52.00 5.20

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Code of Civil Procedure, 1908–Order 41, Rule 1–Rajasthan Land Acquisition Act, 1954–Secs. 28 & 34–Rejection of the appeals against the order passed in reference–Instant review petition–Maintainability–Review Court cannot act like the Appellate Court and only the apparent errors on record can be considered–Ground of the petitioner that the impugned order is not legal, can be taken only before the Appellate Court–Further, ground that his application u/s. 151 CPC was not decided and the interest was not awarded in light of the provisions of Sec. 28 & 34, also cannot be accepted as the grounds taken in the application u/s. 151 were same, which had already been taken in the appeal–Therefore, the distinct disposal of the application was not required–No case is made out for interference.