SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2000 Supreme(Ker) 59

K.T.THOMAS, D.P.MOHAPATRA
State of Kerala – Appellant
Versus
Sridevi – Respondent


Judgment :-

1. Leave granted.

2. It appears that the High Court was wrongly led into thinking that 0.22

R.4 of the Civil Procedure Code would squarely apply in the matter and hence a Division Bench of the High Court proceeded to consider whether there was sufficient cause for the long delay in making an application under the above Rule for substitution of the legal representatives of a deceased party. The Division Bench found that there was no proper explanation for the long delay and hence rejected the

application as though it is one for impleadment of legal representatives of the deceased party. Consequently the appeal filed by the State in challenge of an award passed by the Reference Court under the Land Acquisition Act stood rejected as barred by limitation.

3. The second Additional Sub-Court, Trivandrum passed the award in the aforesaid land acquisition matter on a reference being made under S.18 of the Act. The date of the said award of the Reference Court is 12.11.1991. It appears that the Reference Court enhanced land value from Rs. 1,05,377/- to nearly rupees 17 lakhs. The State of Kerala filed an appeal before the High Court on 20.6.1992 without noticing that the sole respon




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top