BACHHITTAR SINGH Vs. COLLECTOR LAND ACQUISITION, TALWARA TOWNSHIP
HIGH COURT OF HIMACHAL PRADESH
COLLECTOR LAND ACQUISITION, TALWARA TOWNSHIP
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(1.)Whether Order 22 of the Code of Civil Procedure 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 Code of Civil Procedure (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 before 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 now these matters are before us.
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