KAMLA DEVI Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) This appeal arises out of Order No. 4084 of 1977, C.M.A. No. 172 of 1979, decided on 22 -9 -1981 and it was passed in the following circumstances.

(2.) A reference application under section 18 of the Land Acquisition Act was moved by Shri Ranja Ram deceased. When it reached the court of reference, Ranja Ram died. An application under Order 22 Rule 3 of the Code of Civil Procedure to implead the legal representatives of the deceased was to be moved within a period of 90 days from the date of the death under Article 120 of the Limitation Act and in case the same was not filed within this period, the consequence is the abatement of the appeal.

(3.) The record discloses that an application under Order 22 Rule 3 of the Code of Civil Procedure was moved to which a reply was filed by the State. On the pleadings of the parties, two issues to the following effect were framed : "1. Whether the alleged applicants are the legal representatives of the petitioner deceased ? OP AWhether the reference petition has abated as alleged ? OPA Relief."