STATE OF BIHAR Vs. BIRU MAHTO

JUDGEMENT

(1.) IN this batch of First Appeals, purporting to have been filed under Section 54 of the Land Acquisition Act, 1894, challenge has been made to the impugned awards passed on compromise between the parties. It has been alleged that those awards were obtained by practising fraud upon the defendants as well as the court. The appeals are barred by time. In some of the appeals delay has been condoned.

(2.) FOR challenging decree/award based on fraudulent compromise, remedy to an aggrieved party is either to file Misc. Case under proviso to Order 23, Rule 3 before the same court or to go in appeal under Section 96(3) read with Order 43, rule 1 -A of the Code of Civil Procedure. In this regard reference may be made to a decision of Apex Court in Banwarilal vs. Smt. Chando Devi and another [A. I. R. 1993 SC 1139]. Even if these appeals are treated as under Section 96 (3) read with Order 43, rule 1 -A, this Court may be required to hold enquiry on the allegation of fraud and record evidence to keep the appeals pending and direct the court below to hold such enquiry to send its findings. The appeals are already pending since last nine years. Hence, in such circumstances, it is desirable and expedient in the interest of justice not to proceed with these appeals any further and immediately file Misc. Cases under proviso to Order 23, rule 3 of Code of Civil Procedure in the court below, which can be disposed of quickly on holding required enquiry in accordance with law. It cannot be lost sight of that acquisition was made as far back as in the year 1987 but awardees have not received full amount of award as yet. Both parties agree to this formula. Accordingly, these appeals are permitted to be withdrawn with liberty to appellant to file such Misc. Cases in the court below within a month along with a petition for condonation of delay under Section 14 of the Limitation Act, 1963. Since the matter remained pending in this Court for a long time and is being sent down for early decision in the matter, it is desirable for the court below to condone the delay. The awardees must file rejoinder, if any, within two weeks after filing of Misc. Cases. It is made clear that court below need not issue notices to the parties concerned, as all of them are represented here and this order is being passed with their agreement. Some of the awardees are said to have died. It is undertaken that their respective heirs shall appear in the court below immediately after filing of Misc. Cases and before the time fixed for filing rejoinder.

(3.) WITH the aforesaid observations/ directions, these appeals are disposed of. Let copies of the Order be handed over to the counsel for parties.