Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908-0rder 22 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908-Order 22-Death of some of the several claimants in a joint appeal against a decree-Dismissal of the appeal in toto even in respect of surviving appellants on the ground of abatement-Held, whenever plaintiffs/appellants/petitioners found to have distinct, separate and independent rights of their own and for purpose of convenience or otherwise joined together in a single litigation, decree passed thereon would not be inseparable, but in substance is a mere combination of several decrees-In order to determine as to whether a decree is joint and inseverable or it is joint and severable for the purpose of abatement or dismissal of the entire appeal as not properly constituted or rendered incompetent for further proceeding, it is to be seen whether the decree vis-a-vis the remaining parties would suffer the vice of contradictory or inconsistent decrees-A decree can be said to be contradictory or inconsistent with another decree only when the two decrees are incapable of enforcement or are mutually self destructive or the enforcement of one would negate the enforcement of another-land Acquisition Act, 1894- Sections 4,6,11,18,30 and 31.Law of Procedure: Purpose of-Held, such laws are meant to regulate effectively, assist and aid the object of doing substantial and real justice and not to foreclose an adjudication even on merits of substantial rights-Provisions contained in Order 22 C.P.C not to be construed as a rigid matter of principle, but as a flexible tool of convenience in the administration of justice-Code of Civil Procedure, 1908-Order 22. In land acquisition proceedings, there arose disputes regarding the claims for compensation among the claimants i.e. proprietors, respondent No. 27-Bhumidhar, Gaon Sabha and Union of India. Though claims made H by claimants were for their respective shares, Land Acquisition Collector, granted lump sum compensation, and made reference under Sections 30 A and 31(2) of Land Acquisition Act, 1894 to the Court of District Judge for apportionment of the compensation in view of the disputed nature of competing claims. District Judge awarded the compensation to the bhumidhar and transferors from her to the exclusion of the proprietors, Gaon Sabha and Union of India. Against the award, 63 proprietors jointly filed one appeal and IO proprietors filed another appeal before High Court. However 37 of the claimants did not file any appeal and they were also not made party in the appeals of other claimants. During pendency of the appeals, five of the 63 appellants died. High Court dismissed the appeal filed by 63 claimants including 58 surviving claimants, in toto as having abated and the appeal filed by IO claimants were dismissed holding that they were not properly constituted and incompetent for the reason that connected appeals having abated, other appeals involving questions of fact and law could not be proceeded with, resulting in conflicting, inconsistent and contradictory decrees. Applications filed by legal representatives of the deceased for bringing them on record were also dismissed as barred by limitation. In appeal to this Court, appellants contended that dismissal of all the appeals in toto, merely because 5 of the appellants died, was not justified because even in absence of those legal representatives the claims of other 58 appellants survived since each one of them was seeking relief on the basis of his own independent cause of action. Respondents contended that dismissal of all the appeals in toto was justified since the disputes centered around one lump sum compensation in respect of undivided and common land and since the litigation was on the same nature of title, the decree passed would be joint and indivisible. |
Judge | Hon'ble Mr. Justice Doraiswamy Raju |
Neutral Citation | 2002 INSC 541 |
Petitioner | S. Amarjit Singh Kalra (dead) By Lrs. And Ors. |
Respondent | Smt. Pramod Gupta (dead) By Lrs. And Ors. |
SCR | [2002] Supp. (5) S.C.R. 350 |
Judgement Date | 2002-12-17 |
Case Number | 1027 |
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