SHRIMATI DHANI DEVI WIDOW OF SHRI MANGAT RAMBACHHITAR Vs. COLLECTORLAND ACQUISITIONTALWARA
HIGH COURT OF HIMACHAL PRADESH
SHRIMATI DHANI DEVI WIDOW OF SHRI MANGAT RAM, BACHHITAR
COLLECTOR, LAND ACQUISITION, TALWARA.
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V.D.Misra, C.J. -
(1.)Whether Order 22 of the Civil P. C. and the Limitation Act apply to proceedings before a court on reference under Section 18 of the Land Acquisition Act?' is the question which arises for determination,
(2.)The facts in the three cases are similar. In all these cases the claimants not being satisfied with the compensation awarded to them by the Collector asked the Collector to make references to the Court under Section 18 of the Land Acquisition Act (the Act), The references were duly made. During the pendency of the proceedings before the court, the claimants died. Applications under Order 22 of the Civil P. C. (the Code) for bringing the legal representatives on record were made. These applications were contested. It was inter alia contended that the applications were not made within limitation. The court found that the applications were barred as having not been made within the time allowed under the Limitation Act. The applications were dismissed and it was declared that the references have abated.
(3.)When these revisions came up be-fore me I found that High Courts have given conflicting decision on the question. I, therefore, decided to refer the matters to a larger Bench and that is how these matters are before us,
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