PROVINCE OF EAST PUNJAB Vs. LABHU RAM
HIGH COURT OF PUNJAB AND HARYANA
PROVINCE OF EAST PUNJAB
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Khosla, J. -
(1.) In the seven appeals filed by Government of the East Punjab against the awards of an arbitrator appointed under the Defence of India Act a common point of law is involved. The respondents in all these appeals were two brothers Labhu Ram and Nathu Ram. Labhu Ram died on 24-2-1953 and no application to bring his legal representatives on record was made until 12-4-1954. Two points therefore arise. (a) whether the abatement of the appeal in so far as it relates to Labhu Ram should be set aside for good cause; and (b) if the abatement against Labhu Ram ill not set aside, whether the appeal so far as it relates to Nathu Ram survives.
(2.) The facts briefly are that property belonging to the two brothers was requisitioned by Government for military purposes. The property was own-ed by the two brothers jointly in equal shares. No partition of the property had so far been effected and therefore not only the ownership but also the possession was joint at the time the property was requisitioned. Compensation payable to the owner was determined but the owners being dissatisfied with it made a joint application for determination of the compensation by an arbitrator who in this case was the Senior Subordinate Judge of Ferozepore. The Government objected to a joint application being made, but this objection was overruled on the ground that for a more expeditious disposal of the matter a joint application was to be preferred. There were seven different awards in respect of the different properties requisitioned by the Government.
(3.) The Government being dissatisfied with the awards of the Arbitrator appealed to this Court, and in all the seven appeals, the two owners Labhu Ram and Nathu Ram were impleaded. Labhu Rani, as I have said above, died on 24-2-1953 and so on the expiry of 90 days from this date the appeal against him abated. The statutory period of 60 days during which an application to set aside an abatement could be made expired on 23-7-1953. The appellant (Punjab Government) learnt of Labhu Ram's death on 19-6-1953, i.e., before the period of 60 days had expired, but no application under Order 22, RULE 4, Civil P. C., was made until 12-4-19.54.;
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