Gujarat High Court Case Information System
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CA/323620/2004 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 3236 of 2004
In
FIRST
APPEAL (STAMP NUMBER) No. 3415 of 2002
With
CIVIL
APPLICATION No. 7474 of 2004
In
CIVIL APPLICATION - FOR CONDONATION OF DELAY No. 3236 of 2004
With
FIRST
APPEAL (STAMP NUMBER) No. 3415 of 2002
=========================================================
SPL.LAQ
OFFICER - Petitioner(s)
Versus
VAGHRI
HARJIBHAISHIVABHAI & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HK MAKWANA, ASST GOVERNMENT PLEADER for
Petitioner(s) : 1,
UNSERVED-EXPIRED (R) for Respondent(s) :
1,
RULE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 11/08/2008
ORAL
ORDER
ORDER
IN CIVIL APPLICATION NO. 7474 OF 2004
1. By
way of this application, the applicant-State Government has prayed to
bring the legal heirs of deceased-original applicant no.1 on record.
2. As
a result of hearing and perusal of records, it is borne out that the
original applicant no.1 expired on 05.07.1999 and the judgement and
award of the appellate court was passed on 29.12.2001, meaning
thereby that the original applicant no.1 expired pending application
before the reference court. In that view of the matter, the legal
heirs of the deceased were required to be brought on record before
the said court itself. 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, more particularly when an award passed in
favour of/against a dead person is nullity.
3. The
application is therefore misconceived inasmuch as the legal heirs
were required to be brought on record before the reference court as
the original applicant no.1 expired pending the application before
the reference court and the award was passed against a dead person.
In view of the same, this application cannot be entertained and is
accordingly rejected. Rule is discharged.
(K.S.
JHAVERI, J.)
ORDER
IN CIVIL APPLICATION 3236 OF 2004 AND FIRST APPEAL ST NO. 3415 OF
2002
In
view of the order passed in civil application no. 7474 of 2004, the
civil application and the first appeal shall not survive and are
disposed of accordingly.
(K.S.
JHAVERI, J.)
Divya//
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