S. B. Sinha, J. - (1.) Leave granted.
(2.) Applicability of the provisions of Order I, Rule 10 of the Code of Civil Procedure (the Code) in a proceeding under Section 18 of the Land Acquisition Act, 1898 (the Act) is in question in this appeal which arises out of a Judgment and Order dated 8-11-2006 passed by a learned Single Judge of the Madras High Court, Madurai Bench; Madurai in Civil Revision Petition (P.D.) (M.D.) No. 743 of 2006.
(3.) Appellant claims himself to be a Muthavalli of Sha Madhari Diwan Wakf. The said properties were acquired by the State of Tamil Nadu in terms of the provisions of the Act. Appellant as a person interested took part in the proceedings for making an award. Being dissatisfied with the quantum of compensation awarded by the Land Acquisition Collector, he sought for a reference for enhancement thereof pursuant whereto and in furtherance whereof the Collector of the District made a reference to the Civil Court. The said reference was transferred to the Court of Second Additional Subordinate Judge, Tiruchirappalli by the learned District Judge. Prior thereto, a suit for recovery of possession of certain properties and damages was instituted by the father of the appellant No. 2 herein against Haji Syed Zehrudin @ Jana Basha Alisha Sadguru in the court of the Munsif, Tiruchirappalli which was marked as O.S. No. 649 of 1986.;