Rama Chandra Peswani vs State of Orissa and Another

S.C. Mohapatra, J.—This is an application by the claimant to Continue the appeal u/s 54 of the Land Acquisition Act as an indigent person.

There is no dispute relating to indrgency. Only question for consideration is whether under Order 44, Rule 1, .CPC, would be attracted.

Reference u/s 18 of the Act is a civil dispute. This Court while considering the appeal u/s 54 of the Land Acquisition Act is also registers it as First Appeal unlike other statutory appeals under the Motor Vehicles Act or Workmen''s Compensation Act which are registered as Miscellaneous Appeals. Section 53 of the Land Acquisition Act provides that the CPC shall apply to all proceedings before the Court under the Act except in so far as there may be inconsistency with any provision under the Act. There is no inconsistency to apply Order 44, Rule 1, CPC Besides, for an appeal u/s 54 of the Land Acquisition Act, advalorem court-fee is paid as in the case of a decree for money. Thus, reading Order 44, Rule 1 CPC and Section 53 of the Land Acquisition Act together, I am of the view that Order 44, Rule 1, CPC, is applicable to an appeal u/s 54 of the Land Acquisition Act by a claimant.

In result, appeal is allowed. Petitioner is permitted to continue the appeal as an indigent person.