RAM KALA Vs. ASSISTANT DIRECTOR CONSOLIDATION OF HOLDINGS PUNJAB ROHTAK

JUDGEMENT

(1.) THE facts of the case are given in the elaborate order of reference prepared by my Lord the Chief Justice and need not be repeated all over again.

(2.) THE decision of the case depends upon the answer to the following ques-tion:-Whether Article 137 of the Schedule to the Limitation Act (36 of 1963) does or does not apply to an application for adding or substituting parties to a petition under Article 226 of the Constitution ?

(3.) IT is, however, argued that in a petition under Article 226 of the Constitution of India, civil rights of the parties are involved and the procedure laid down in the Code of Civil Procedure, so far as it can be made applicable to proceedings which partake of the nature of civil proceedings and by virtue of Section 141 of the Code and other provisions of the Code including Order XXII, does apply to such proceedings.