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CA/114/1994 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 114 of 1994
In
FIRST
APPEAL No. 825 of 1992
=========================================================
STATE
OF GUJARAT & 2 - Petitioner(s)
Versus
DHULIBEN
SHAMLA HEIRS OF SHAMLA DEVA - Respondent(s)
=========================================================
Appearance
:
MS
TRUSHA PATEL AGP for
Petitioner(s) : 1 - 3.
None for Respondent(s) : 1, 1.2.1, 1.2.2,
1.2.3, 1.2.4,1.2.5
=========================================================
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 respondent on record.
2. Heard.
Upon perusal of record, it transpires that the respondent expired on
24th August, 1984 and the impugned award was passed on
21st December, 1990, meaning thereby, the respondent had
expired pending the application before the Reference Court. In that
view of the matter, the legal heirs of the deceased respondent 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 the
respondent 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. Rule is
discharged.
[K.S. JHAVERI,
J.]
/phalguni/
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