AVADH BEHARI ROHATGI, T.V.R.TATACHARI
UNION OF INDIA – Appellant
Versus
KUNDAN (DECEASED) – Respondent
( 1 ) ON June 15, 1967, the Union of India filed an appeal in this court against the order of the Additional District Judge Delhi dated March 4, 1967, whereby he had enhanced compensation by a sum of Rs. 4230 awarded in favour of one Kundan by the Land Acquisition Collector.
( 2 ) IN the appeal of the Union of India the sole respondent was Kundan. He died on July 27, 1971 leaving behind two son:, and a daughter.
( 3 ) THE appellant Union of India did not take steps to bring the legal representatives of the deceased respondent on record of the appeal. The appeal abated.
( 4 ) ON July 22, 1972. one of the sons of the decceased respondent, namely, Surat Singh made an application under Order 22 Rule 4 (3 ). Code of Civil Procedure, praying that the appeal of the Union of India had abated and the same be, therefore, dismissed with costs. This application was put up before the Registrar. On August 9,. 1972, he ordered that notice of the application should go to the Union of India. It appears that Surat Singh did not pay process-fee and notice could not issue. On September 6, 1972, the counsel for Surat Singh stated before the Registrar that he did not want to press hi
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