KARTAR SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) F.A.O. No. 363 of 1980 was disposed of on 16.12.1983 in the same terms as F.A.O No. 186 of 1980 was disposed of. The material observations in F.A.O. No. 186 of 1980 are as follows :-

(2.) The claimants in F.A.O. No. 363 of 1980 had paid court-fee of Rs. 5.25 and since no time was granted to them by this court for paying the deficient court-fee while fixing the market price at the rate of Rs. 17/- per sq. yd., the claimants could not and did not make good the court-fee. In fact when they took out execution, they came to know that they were getting compensation not at the rate of Rs. 17/- per sq. yd., but on the basis of the court-fee of Rs. 5.25 which they had affixed in the appeal. Since one of the claimants had died during the execution proceedings, therefore, C.M. No. 5635-C-II of 1985 was filed for bringing on record the legal representatives of the deceased claimant. They also filed C.M. No. 5636-C-II of 1985 under section 151 read with section 149 of the Code of Civil Procedure for giving time for making good the court-fee so that they could get benefit of compensation at the rate of Rs. 17/- per sq. yd.

(3.) Coming to the first application, since one of the claimants had died during the execution proceedings, therefore, his legal representative was well within his right to file an application for being brought on record as his legal heir. Accordingly, C.M. No. 5635-C-II of 1985 is allowed.