Skip to content


Union of India Vs. Sanwalia Etc. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtDelhi High Court
Decided On
Case NumberCivil Revision Appeal Nos. 432, 462, 463, 486, 487 and 583 of 1974
Judge
Reported inILR1975Delhi837
ActsLand Acquisition Act, 1894 - Sections 53; Code of Civil Procedure (CPC), 1908 - Order 9, Rule 22
AppellantUnion of India
RespondentSanwalia Etc.
Advocates: Harish Chandra and; D.K. Kapur, Advs
Cases ReferredState Bank of Hyderabad v. Vasudev Anant Bhide and
Excerpt:
.....act.; section 53 of the land acquisition act in terms applies the provisions of the code of civil procedure to all proceedings before the court under the act, save in so far as they be inconsistant with anything contained in the act. the provisions of the limitation act would, however, not be attracted.; accordingly, that provisions of order 9 as well as order 22 of the code of civil procedure apply to proceedings under land acquisition act before the district court. the order by the district court cannot be passed in favor of or against a dead man and so the legal representatives must be brought on the record and an application for substitution must be made. the application for substitution can be made at any time and the reference will not abate, but if the application is not..........are the union of india. they arise aut of different proceedprovisions or order 22 of the code of civil procedure and article 120 of the limitation act apply to the procedings pending before the district court in references made under section 18 of the land acquisi- corporation act (hereinafter referred to as 'the act'). a connected question which has been raised in other cases, is, whether a reference under the act pending before the district court can be dismissed in default of appearance in accordance with the provisions of rule 3 or rule 8 of order 9 of the code of civil procedure and thereafter whether or not it can be restored in acordance with the provisions of order 9 rules 4 and 9 of the code.(2) this matter has received consideration in judicial authorities. the high court of.....
Judgment:

B.C. Misra, J.

(1) This order will dispose of six revisions. Nos. 462, 463, 432, 486, 487 and 583 all of 1974. The petitioner in all these cases are the Union of India. They arise out of different proceedings, which are of the same nature, viz. trial of the references under section 18 of the Land Acquisition Act. They have raised a common question of law and can be conveniently disposed of by this judgment. All these cases are the union of India. They arise aut of different proceedprovisions or Order 22 of the Code of Civil Procedure and Article 120 of the Limitation Act apply to the procedings pending before the District Court in references made under section 18 of the Land Acquisi- corporation Act (hereinafter referred to as 'the Act'). A connected question which has been raised in other cases, is, whether a reference under the Act pending before the District Court can be dismissed in default of appearance in accordance with the provisions of Rule 3 or Rule 8 of Order 9 of the Code of Civil Procedure and thereafter whether or not it can be restored in acordance with the provisions of Order 9 Rules 4 and 9 of the Code.

(2) This matter has received consideration in judicial authorities. The High Court of Madhya Pradesh in Abdal Karim v. State of Mudhya Pradesh, : AIR1964MP171 came to the conclusion that the proceedings under the Act are not governed either by the Code of Civil Procedure or the Limitation Act, so neither of these provisions applies to such proceedings. A contrary view was, however, taken by the High Court of Gujarat in Alihussain Abbasbhai v. Collector, Ranch Mahals : AIR1967Guj118 , wherein P. N. Bhagwati J. (as he then was) observed that the proceedings before the District Court under the Act are in the nature of civil proceedings and the provisions of the Code of Civil procedure apply to it. The learned Judge has, however, found that the provisions of Limitation Act do not apply and there is no limitation prescribed for moving an application under Order 22 of the Code in proceedings under the Act. This authority has also applied the provisions of order 9 of the Code of Civil Procedure to the proceedings.

(3) Our High Court had to consider the applicability of provisions of Order 22 of the Code in relation to civil revisions and writ petitions. In Jhabbu Mal v. Sari Kishan Dutt Sharma, (1969) 71 Prld 41 T. D. Dua J. held that Order 22 of the Code in terms does not apply to Civil Revisions and the provisions of Limitation Act prescribing limitation for moving application for substitution does not apply lo revisions. In respect of Writ Petitions, this court (Hardy J.) held in Ram Kishore Rasfogi v. The Appellate Officer, Jaisalmer House, (1969) Delhi 989 that the law of abatement as envisaged in rule 5(3) of Order 22 of the Code of Civil procedure does not apply in all its rigidity to the writ proceedings and even when we assume that the proceedings under Article 226 of the Constitution were of a civil nature and would be governed by the provisions of section 141 of the Code in so far as may be applicable, it was not enough to attract the provisions of Limitation Act for applications for substitution. A Division Bench of this Court (S. N. Andley and S. N. Shankar JJ). in Ram Kishore v. Union of India, Cw 1118 of 1970, decided on 24th July, 1973, held that the Code of Civil Procedure does apply to writ petitions. After careful consideration, I am in respectful agreemnt with the view of the High Court of Gujarat expressed in Alihussain Abbasbhai v. Collector Panch Mahals : AIR1967Guj118 , and I find myself unable, with great respect, to agree with the view of High Court of Madhya Pradesh expressed in Adul Karim's case. In my opinion, section 53 of the Land Acquisition Act has in terms applied the provisions of the Code of Civil Procedure to all proceedings before the court under the Act, save in so far as they be inconsistent with anything contained in the Act. The court has been defined by clause (d) of section 3 as principal civil court of Original jurisdiction. This is a regularly constitutedcourt and so it will in my opinion, follow the established rules and procedure prescribed for matters coming up before it. Order 22 and Order 9 of the Code are, thereforee, clearly attracted to the proceedings before the court on a reference under section 18 of the Land Acquisition Act. There is nothing in the provisions of the Act which be inconsistent with the aforesaid provisions of the Code of Civil Procedure.

(4) The provisions of the Limitation Act would, however, not be attracted. Article 120 of the Limitation Act of 1963 which corresponds to Articles 176 and 177 of the Limitation Act, 1908 prescribes a period of 90 days for applications to have the legal representatives of a deceased plaintiff or appellant or of a deceased defendant or respondent made a party. The provisions of the Limitation Act have to be strictly construed and they are applicable only to the kinds of suits, appeals and applications which are specified in the Limitation Act. They do not apply to the proceedings under the Land Acquisition Act, except to the extent specified in the Land Acquisition Act, e.g. for making a refeence under section 18 a limitation is prescribed by the Act. The pro visions of the Limitation Act cannot be applied by analogy or by implication. They must clearly and expressly apply (See Hansraj Gupta Dehra Dun Mussorie Electr'c Tramway Co. Ltd., The Bombay Gas Co. v. Gopal Bhiva, : (1963)IILLJ608SC and Management of the State Bank of Hyderabad v. Vasudev Anant Bhide and others, : (1969)IILLJ713SC ).

(5) As a result of the discussion, I hold that principle of Order 9 as well as Order 22 of the Code of Civil Procedure apply to proceedings under the Land Acquisition Act before the District Court. The order by the District Court cannot be passed in favor of or against a dead man and so the legal representatives must be brought on the record and an application for substitution must be made. The application turn substitution can be made at any time and the reference will not abate, hut if the application is not made within a reasonable time, the reference may be dismissed for non-prosecution and should it reject the application, then the court will proceed to decide the reference as if the deceased person were no longer a party before it. In the inslant revisions, the Additonal District Judge has allowed the legal representatives to be substituted in all the cases. These orders do not suffer fromany jurisdictional error and do not call for interference. The revisions arc, thereforee, dismissed.. leaving the parties to bear their respective costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //