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Judgment
Honourable Mr. Justice G. Rajasuria
A.S. No. 214 of 2011 has been filed to get set aside the judgment and decree passed in L.A. O.P. No. 2 of 2009 dated 03.02.2010 by the learned Additional District Judge (Fast Track Court), Thanjavur and accordingly, other appeals have also been filed with the prayers respectively. At the hearing, the learned Additional Advocate General would point out that in some of those cases, the claimants/land losers died even before the passing of the common judgment by the lower Court, but their legal representatives were not imp leaded before such disposal and as such, that judgment should be set aside and the matters have to be remitted back to the lower Courts.
This Court directed the Registry to verify the particulars and the Registry also verified the particulars in those matters and found that some of the claimants/land losers died even before passing of the judgment by the lower Court.
The learned Counsel for the claimants/land losers would argue that in most of the cases, they have filed applications the L.Rs. of the deceased, but the lower Court without impleading the legal representatives of the deceased claimants/land losers, passed such judgment.
Trite, the proposition of law is that such judgments and awards are void.
Hence, all these matters are remitted back to the file of the lower Court concerned with the following directions:
If already no application has been filed for impleading the legal representatives of the deceased claimants/land losers, the persons concerned shall file the petitions to implead the legal representatives of the deceased claimants/land losers and see that they are imp leaded. Whereupon, it is for the lower Courts concerned to pass the judgments and awards in commensurate with the law within a period of three months from the date of receipt of a copy of this judgment.
On hearing the judgment, the learned Counsel for the claimants/land losers would make an extempore submission that earlier this Court by order dated 01.11.2011 in A.S. (MD) Nos. 212 to 572 and 597 of 2011, directed the beneficiary, namely the Defence Estate Officer, Madras Circle, 306, Anna Salai, Teynampet, Chennai-600 018, to deposit the amount and pray that the same shall remain in tact.
I could see considerable force in the said submission and direct the second respondent to see that the said order is complied with.
The learned Counsel for the claimants/land losers would submit that a direction might be given to the lower Court that the applications to be filed u/s 5 of the Limitation Act to get condoned the delay in filing the applications to get set aside the abatement and for impleading the L.Rs of the original claimants, might be considered sympathetically as the default was not deliberate. It is quite obvious that the Courts will always consider such applications sympathetically. Accordingly, all the above appeals are disposed of by this common judgment. No costs. Consequently, connected Miscellaneous Petitions are closed.