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CA/8498/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 8498 of 2005
In
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 4660 of 2005
In
FIRST APPEAL No. 290 of 2005
=========================================================
PROJECT
MANAGER - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
AJAY R MEHTA for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2 - 3,3.2.3
RULE SERVED for Respondent(s) :
3.2.1, 3.2.2, 3.2.4, 3.2.5, 3.3.1,3.3.2
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 05/08/2008
ORAL
ORDER
1. This
application is filed with a prayer to bring the legal heirs of the
deceased respondent no. 3.3. on record.
2. Heard.
Upon perusal of record, it transpires that respondent no. 3.3.
expired on 30th June, 2001 and the impugned award was
passed on 31st March, 2004, meaning thereby, respondent
no. 3.3 expired pending the application before the Reference Court.
In that view of the matter, the legal heirs of the deceased
respondent no. 3.3. 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
respondent no. 3.3. has 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.
[K.S. JHAVERI,
J.]
/phalguni/
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