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CA/118/1994 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 118 of 1994
In
FIRST
APPEAL No. 836 of 1992
=========================================================
STATE
OF GUJARAT & 2 - Petitioner(s)
Versus
MER
BACHU KARA SON OF MER KARAHAMA & 4 - Respondent(s)
=========================================================
Appearance
:
MS
TRUSHA PATEL AGP for
Petitioner(s) : 1 - 3.
NOTICE SERVED for Respondent(s) : 1 -
4.
None for Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4, 5, 5.2.1,
5.2.2, 5.2.3, 5.2.4, 5.2.5, 5.2.6,5.2.7
=========================================================
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 to 5 on record.
2. Heard.
Upon perusal of record, it transpires that the respondents nos. 1 to
5 had expired before 30, 15, 9 years and 20 years respectively 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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