IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 477 OF 2010 IN FIRST APPEAL NO. 226 OF 2000 SMT. LILIA LOPES E LUIZ(SINCE DEC) THROUGH LR'S ... Applicant Versus LAND ACQUISITION OFFICER AND ANR., ... Respondents Ms. F. M. Mesquita, Advocate for the Applicant. Ms. S. Linhares, Addl. Government Advocate for the Respondents. Coram:- A. S. OKA, J. Date:- 6th August, 2010 P.C. This is an application taken out by the legal representatives of the Respondent in First Appeal No. 226 of 2000. The Respondent was the Applicant in a reference under Section 18 of the Land Acquisition Act, 1894. The reference was partly allowed by the judgment and award which was impugned in the First Appeal preferred by the State of Goa and the Land Acquisition Officer. The First Appeal was finally heard on 28th November, 2003 and the same was dismissed. 2. The present application is preferred by the legal representatives of the original Applicant in the reference under Section 18 of the said Act. It is pointed out that the original Applicant died on 4th June, 2000. The death certificate has been annexed to the application. It is pointed out in the application that the Applicants herein (the legal representatives of the original Applicant ) have preferred First Appeal No. 24/2001 for challenging the same judgment and award. The said Appeal was admitted on 2nd November, 2001. It is pointed out that the said Appeal is pending for final hearing. 3. The submission of the learned Counsel appearing for the Applicants is that against the same impugned judgment and award, they have preferred the First Appeal No. 24 of 2001 and the State of Goa was served with the notice of the Appeal on 2nd November, 2001. She pointed out that when the present First Appeal came up for hearing, it was not pointed out that the Respondent in the Appeal was already dead and in fact an Appeal against the same impugned judgment and award preferred by the present Applicants was pending. The prayer in the application is for recalling the judgment in First Appeal No. 226 of 2000. The learned Counsel appearing for the Applicants pointed out that there is every possibility that the finding recorded by this Court while deciding the First Appeal will come in the way of the Applicants of prosecuting their Appeal for enhancement in compensation. The learned Additional Government Advocate has tendered a reply and pointed out that though the Applicant in the reference died on 4th June, 2000, it was not brought to the notice of the Reference Court about the death in as much as in the impugned judgment and award was passed on 30th June, 2000. The learned Additional Government Advocate submitted that after the demise of the Applicant, there were two hearings of the Land Acquisition Case. She submitted that, therefore, the impugned judgment and award of Reference Court is nullity and requires to be set aside only on that ground. She submitted that the First Appeal has been decided on 28th November, 2003 and the present application for review is filed very belatedly and there is a gross delay. She submitted that there is no application for condonation of delay made by the Applicant and hence the application is not maintainable. 4. I have given careful consideration to the submissions. The learned Counsel appearing for the Applicants in this application has invited my attention to the Roznama of the Land Acquisition Case which shows that on 1st April, 2000 the Land Acquisition Case was adjourned to 28th April, 2000 for judgment and on 28th April, 2000 again the Land Acquisition Case was again adjourned for judgment on 16th June, 2000. On 16th June, 2000 the case was adjourned to 30th June, 2000 for judgment. The impugned award was made on 30th June, 2000. The Applicant in the Land Acquisition Case was died on 4th June, 2000 i.e. after the case was closed for judgment. Hence, in view of Rule 6 of Order XXII of Civil Procedure Code, 1908, in fact there was no abatement of the Land Acquisition case. 5. Thus, it is obvious that the First Appeal was preferred by the Government of Goa and Special Land Acquisition Officer against a dead person. It is not in dispute that the First Appeal No. 24 of 2001 has been filed by the present Applicants who are the legal representatives of the deceased Applicant in the reference and notice of the said Appeal was served to the State of Goa in the year 2002. Thus, the Appeal was preferred by the State Government against the dead person. 6. It must be noted here that the prayer in this application is not for review of the judgment in First Appeal but it is for recalling the judgment in the Appeal on the ground that the same is null and void being against a dead person. Therefore, the objection raised by the learned Additional Government Advocate on the basis of the bar of limitation has no merit. 7. Once it is brought to the notice of this Court that the Respondent in the Appeal was already dead not only when the Appeal was decided but at the time of the institution of the Appeal, this Court will have to exercise the power of recalling its own judgment. Hence, the application must succeed and the judgment dated 28th November, 2003 is recalled. The First Appeal No. 226 of 2000 is restored to the file. 8. The Appeal shall be placed for orders on 27th August, 2010. In the meanwhile, the State Government to take appropriate steps. A. S. OKA, J. at*