Jagdish Sahai, J. - (1.) This case has come to us on reference made by Beg, J. on 23rd of July, 1965. The question is whether the provisions of the rules framed u/S. 234 of the UP Land Revenue Act, hereinafter called the Revenue Act, are applicable in second appeals filed u/S. 11(2) of the UP Consolidation of Holdings Act, hereinafter referred to as the Act. At the relevant time there was no provision either under the Act or the rules framed thereunder requiring certified or true copies of the orders ought to be set aside in appeal being filed along with the memorandum of appeals filed u/S. 11(2) of the Act.
(2.) On the basis of the rules framed u/S. 234 of the Revenue Act, it was contended that such copies should be filed and, if not filed, the appeal is incompetent.
(3.) S. 41 of the Act provides that "unless otherwise expressly provided by or under this Act, the provisions of Chs. IX and X of the UP Land Revenue Act, 1901 shall apply to all proceedings including appeals and applications under this Act." Ch. IX of the Revenue Act deals with procedure to be followed in revenue Courts and by revenue officers, while Ch. X deals with appeals, reference and revision. In none of the Ss. forming part of Chs. IX and X is there any provision to the effect that a memorandum of a second appeal should be accompanied by a copy of the judgment of the trial court R. 161, which has been framed under the provisions of S. 234 of the Revenue Act, however, provides that the memorandum of appeal shall be accompanied by copies of the decree of order appealed from and of the judgments or orders passed in the case by all the courts subordinate to the Court to which the memorandum of appeal is presented.;