PARTAP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the order of the learned District Judge, Rohtak dated 9th February, 1977.

(2.) The land of one Partap Singh was acquired under the provisions of the Land Acquisition Act (hereinafter referred to as the Act). The said Partap Singh made an application under Section 18 of the Act for making a reference to the District Judge claiming higher amount of compensation. The said application was made on 20th July, 1974. The same was received in the office of the Collector on 24th July, 1974. It is on record that the Collector made an order of reference on 30th September, 1974, and this reference was registered in the Court of the District Judge on 26th August, 1975. Meanwhile, during the pendency of the reference application, Partap Singh died on 4th January, 1975. The District Judge issued notice to both the parties for 18th October, 1975. On the same day, i.e., the 18th October, 1975, an application was made on behalf of Smt. Shanti Devi, widow of Partap Singh, that she was the sole legal representative of the deceased and she be brought on the record in place of her husband, Partap Singh deceased, claimant. This application was resisted on behalf of the respondents. On the pleadings of the parties, following issues were framed by the learned District Judge :-

(3.) The learned District Judge decided issue No. 1 in favour of the applicant holding that Smt. Shanti Devi is the sole legal representative of Partap Singh deceased claimant and is entitled to be brought on record. As regards issue No. 2, the learned District Judge decided this issue against the applicant and recorded a finding that the application for bringing on record the legal representative of the deceased filed by Smt. Shanti Devi was barred by limitation. The learned District Judge held that the reference application when registered in the Court, becomes a suit and the provisions of the Limitation Act would be applicable and since Partap Singh died on 4th January, 1975 and the application was made on 18th October, 1975, therefore, the same was barred by limitation and consequently the suit had abated.