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CA/120/1994 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 120 of 1994
In
FIRST
APPEAL No. 842 of 1992
=========================================================
STATE
OF GUJARAT & 2 - Petitioner(s)
Versus
MER
KANA UGA & 2 - Respondent(s)
=========================================================
Appearance
:
MS
TRUSHA PATEL AGP for
Petitioner(s) : 1,
None for Respondent(s) : 1 - 3.
NOTICE
SERVED for Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,
1.2.7, 1.2.8, 1.2.9, 1.2.10, 1.2.11, 1.2.12, 1.2.13, 1.2.14,1.2.15 -
2, 2.2.2, 2.2.3, 2.2.4, 2.2.5, 2.2.6,2.2.7 - 3, 3.2.2, 3.2.3, 3.2.4,
3.2.5,3.2.6
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 06/08/2008
ORAL
ORDER
1. This
application is filed with a prayer to bring the legal heirs of the
deceased respondents nos.1 & 2 on record.
2. Heard.
Upon perusal of record, it transpires that respondents nos.1 & 2
expired before 12 years and three years respectively, and the
impugned award was passed on 21st December, 1990, meaning
thereby, respondents nos. 1 & 2 expired pending the application
before the Reference Court. In that view of the matter, the legal
heirs of the deceased respondents nos. 1 & 2 were required to be
brought on record before the said Court. However, the same has not
been done. In view of the said
inaction, it would not
be appropriate to allow this application at this stage.
3. The application is,
therefore, misconceived, inasmuch as the legal heirs were
required to be brought on record before the reference Court, as
respondents nos.1 & 2 expired during pendency of the application
before the reference Court and the award was passed against a dead
person. Hence, the award against a dead person is nullity.
4. In view of the above,
the application is not entertained and the same is rejected. Rule is
discharged.
[K.S. JHAVERI,
J.]
/phalguni/
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