UNION OF INDIA Vs. LAKHPAT

JUDGEMENT

(1.) The Union of India filed this Regular First appeal against the order dated August 28, 1968 of the Additional District Judge, Delhi, in reference proceedings under section 18 of the Land Acquisition Act. The only Respondent 1mpleaded was Lakhpat, who was originally the sole applicant before the learned Additional District Judge.

(2.) It appears that Lakhpat died on November 27, 1966 and his legal representatives were duly brought on record by order dated March 31, 1967 of the Additional District Judge, Delhi, before whom the reference was then pending against the Union of India.

(3.) The award was made on August 28, 1968. The Union of India contends that it was misled by the certified copy of the award against whom the present appeal is filed, where the name of Lakhpat was shown, though erroneously, as the sole petitioner. For this reason, the name of Lakhpat deceased in the memorandum of appeal is said to be a mere misdescription. CM 800 of 1969 was filed on behalf of the appellant under sections 151 and 152 of the Code of Civil Procedure for impleading, in place of Lakhpat, his heirs and legal representatives. Another application, CM 801 of 1969 was filed under section 5 of the Limitation Act praying that the delay in filing the application be condoned.