Civil Procedure Code, 1908 — Order IX Rule 13 r/w section 151 — application filed under — for setting aside the award for enhancement of compensation relating to the acquired property — the High Court held that while an application under Order IX Rule 13 was not maintainable, the said award should have been set aside in exercise of powers under Section 151 CPC — the appeals — an application under Order IX Rule 13 CPC cannot be filed by a person who was not initially a party to the proceedings — the inherent powers enshrined under Section 151 CPC can be exercised only where no remedy has been provided for in any other provision of the CPC — the proceedings stood concluded so far as the court of first instance is concerned, and that the respondent was not the party before the said court. Permitting an application under Order IX Rule 13 CPC by a non-party, would amount to adding a party to the case, which is provided for under Order I Rule 10 CPC, or setting aside the ex-parte judgment and decree, which can be sought independently by such a party. As the fraud, if any, as alleged, has been committed upon a party, and not upon the court, the same is not a case where Section 151 CPC could be resorted to by the court, to rectify a mistake, if any was made — the Supreme Court held that a person aggrieved may maintain an application before the Land Acquisition Collector for reference under Section 18 or 30 of the Act, 1894, but cannot make an application for impleadment or apportionment before the Reference Court — impugned order of the High Court set aside — appeals allowed.


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