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CA/110/1994 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 110 of 1994
In
FIRST
APPEAL No. 817 of 1992
=========================================================
STATE
OF GUJARAT & 2 - Petitioner(s)
Versus
LILA
SURA PARBAT HEIRS OF SURA PARBAT - Respondent(s)
=========================================================
Appearance
:
MS
TRUSHA PATEL AGP for
Petitioner(s) : 1 - 3.
None for Respondent(s) : 1,1.2.2
UNSERVED-EXPIRED (R) for Respondent(s) : 1.2.1,1.3.3
RULE
SERVED for Respondent(s) : 1.3.1,1.3.2
=========================================================
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 had expired
before ten years 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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