An assignee of the rights and benefits of the deceased plaintiff's legal heirs is a proper and necessary party to be impleaded in the suit proceedings under Order XXII Rule 10 of CPC.

JUDGMENT :

1. By the present Civil Revision Application, Applicants have challenged the Judgment and order dated 04.05.2022 passed by the learned Civil Judge Senior Division, Thane in Civil Misc. Application No.1473 of 2021 below Exhibit-1. Civil Misc. Application No.1473 of 2021 was filed on 12.10.2021 by Respondent No.1 (Applicant therein) for condonation of delay for filing restoration Application seeking to restore Special Civil Suit No.269 of 2002 which came to be dismissed in default on 03.11.2011.

2. Such of the relevant facts which are necessary to decide the present Application are as under:-

2.1. Special Civil Suit No.269 of 2002 is filed by Respondent No.1 - Pravin Jamndas Thakkar (Kanani) (since deceased) in the Trial Court against the Government of Maharashtra, Land Acquisition Officer, Vijay Laxman Bhave (since deceased and now represented by Applicants), Union of India and CIDCO for the following reliefs:-

“a. Hon’ble Court be pleased to declare that acquisition of suit land is illegal, null and void.

b. In the alternative if the Hon’ble Court holds that the acquisition is good then it be declared that Plaintiff is entitled to 12 1/2 % Gaonthan Extension Scheme in lieu of acquired lands as per gaonthan extension scheme of CIDCO Thane.”

2.2. Admittedly, the suit lands stand acquired pursuant to the statutory award declared by the Special Land Acquisition Officer (for short “S.L.A.O.”) under the Land Acquisition Act, 1894.

2.3. Reference proceedings filed by the claimants i.e. the Applicants have been culminated by an order of the Reference Court and statutory First Appeal is pending in this Court as on date against the Judgment of the Reference Court. It is the alternative relief in the aforementioned suit which subsists and is at stake.

2.4. Applicants are legal heirs of deceased Vijay Laxman Bhawe (original Defendant No.3 in the suit).

2.5. In Misc. Civil Application No.1473 of 2021, Respondent No.1 (Applicant therein) pleaded that the legal heirs of the original Plaintiff who instituted Special Civil Suit No.269 of 2002 have executed an agreement for sale dated 07.10.2009 in his favour enabling him to purchase and procure benefit in respect of the suit lands for a total lump sum consideration of Rs.101 crores. That after execution of the agreement for sale, Respondent No.1 has paid an amount of Rs.1,94,50,000/- till date to the legal heirs of the original Plaintiff and/or their nominees. That in addition to execution of the agreement for sale, the legal heirs have also executed an affidavit cum undertaking/declaration dated 30.01.2010 confirming receipt of an amount of Rs.1,51,00,000/- from Respondent No.1 and confirmed execution of the agreement of sale dated 08.12.2009. That apart, the legal heirs have also executed an irrevocable Power of Attorney dated 08.12.2009, inter alia, thereby appointing Respondent No.1 as their constituted attorney for doing all such acts, deed and things so as to facilitate implementation of the terms and conditions of the above agreement.

2.6. On 19.06.2002, Special Civil Suit No.269 of 2002 was filed seeking a declaration that acquisition of the suit land was null and void and in the alternative, if the acquisition is held to be good, then in that event Plaintiff would be entitled to benefit under the 12 ½ % Gaothan Expansion Scheme promulgated by Respondent No.6 -CIDCO in lieu of the acquired land.

2.7. On 08.06.2005, sole plaintiff i.e. Pravin Jamndas Thakkar (Kanani) expired.

2.8. On 22.12.2005, legal heirs of deceased sole plaintiff namely Kunal Pravin Thakkar (Kanani) and Vidhi Pravin Thakkar (Kanani) filed two Applications viz; under Exhibit-46 for condonation of delay to bring legal heirs of deceased Plaintiff on record and Exhibit-49 for impleadment as legal heirs in the suit. Admittedly, both these Applications were filed through their constituted attorney namely Arunkumar Jayantilal Mucchalla.

2.9. By order dated 28.11.2006, learned Trial Court allowed Application below Exhibit-46