VidhiSangh

Supreme Court of India · 11/07/2022

DELHI DEVELOPMENT AUTHORITY versus DIWAN CHAND ANAND & ORS

[2022] 18 S.C.R. 1053 · 2022 INSC 668

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Summary

Two of six co-owners of 30 bighas in Delhi sued in 1974 to declare notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 void, impleading the other co-sharers as proper parties who never contested; the trial court, despite finding the civil court lacked jurisdiction, decreed the suit in 2000 and restrained the DDA from dispossessing the plaintiffs and co-sharers. In the DDA's first appeal several non-contesting co-sharer respondents died and their heirs were not substituted; the Delhi High Court in 2007 dismissed the whole appeal as abated in a one-line order and in 2012 rejected review. The Supreme Court set aside the abatement. Under Order XXII Rules 1 to 11 CPC an appeal abates only against the deceased respondent;

Issues

  1. Whether a first appeal abates as a whole when the legal representatives of some deceased respondents, who were co-sharer defendants impleaded as proper parties and had never contested the suit, are not brought on record, while the plaintiffs or their heirs remain on record.
  2. What enquiry an appellate court must undertake under Order XXII CPC before holding that abatement against some respondents prevents the appeal from proceeding against the others.
  3. Whether time spent bona fide prosecuting a review petition is to be excluded in considering the delay in appealing against the original order.

Provisions considered

Held

Result

Appeals allowed; the Delhi High Court's order of 09.07.2007 dismissing RFA No. 280 of 2001 as abated, and the order of 13.01.2012 rejecting review, set aside; the High Court to decide the appeal on merits after enquiring whether the right to sue survives against the remaining respondents, having regard to the estate being represented by the surviving plaintiffs, their heirs and surviving defendants. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 1053.