TEJ RAM Vs. COLLECTOR LAND ACQUISITION

JUDGEMENT

(1.) THIS appeal is directed against the order of District, Judge, Kathua, dated 8th November, 1977, whereby application submitted by the appellants and respondents 10 & 11 for being brought on record as legal representatives of kutty deceased, was rejected.

(2.) COLLECTOR . Land Acquisition, Railways, Jammu, acquired certain khasra numbers of village Chhan Ranga, Tehsil Hiranagar, vide notification dated 3 -3 -1965 and afterwards made an award in that regard. A dispute arose about the apportionment of compensation and as such the Collector made reference, under sec. 31 of the Land Acquisition Act before District Judge, Kathua. During the pendency of the proceedings, kutty, one of the owners of the land, died. The appellants herein moved an application before the court for bringing them on record as legal representatives of the deceased, The District Judge, however, rejected the application holding the same to be barred under Article 176 of the Limitation Act and claim of Kutty deceased abated.

(3.) THE point for determination is whether Order 22 C. P. C. and Article 176 of the Limitation Act, are applicable to the proceedings under the Lard Acquisition Act. There can be no doubt that Order 22 C P. C. in terms applies only to suits and appeals, the trial and hearing of which are regulated by the Cede of Civil Procedure, The word "suit" has not been defined in the Code of Civil Procedure, but it otfinstily means a civil proceedings instituted by the presentation of a plaint. An application for reference under the Land Acquisition Act, is not made by the person interested to the court direct but the Collector as required under the provisions of the aforesaid Act asking him to make a reference to the court. The reference is made not by a party. Under such circumstances the provisions of Order 22 C P. C. are not applicable to the proceedings instituted under the land Acquisition Act and in the same manner Article 176 of the Limitation Act, is not attracted.