IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.1713 of 2011 (O&M) Date of decision: 27.9.2011 Birmati and others ......Appellant(s) Versus State of Haryana and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr.Atul Gaur, Advocate for Mr. Sumeet Goel, Advocate for the appellants. Rakesh Kumar Garg, J. (Oral) This is claimants' appeal challenging the impugned award of the Reference Court on the ground of inadequacy of compensation for the acquired land. Along with appeal, CM No.4064-C of 2011 has also been filed for bringing on record the legal representatives of deceased Jai Pal (who was petitioner No.1 in LAC No.288 of 2006) stating that said Jai Pal died on 22.8.2006 before the learned Additional District Judge, Karnal i.e prior to the passing of the impugned award but due to inadvertence and bona fide mistake, the applicants could not be brought on record as legal heirs of said Jai Pal deceased and since the aforesaid mistake was bona fide, the applicants be permitted to be brought on record to pursue this appeal. A perusal of the impugned award would show that the reference application was instituted before the Reference Court on 20.12.2006 i.e. after the date of death of Jai Pal (since deceased) as given in the application. If Jai Pal had died much prior to the filing of the Reference application, the fact, as to how the reference was filed on his behalf is not forthcoming despite the opportunity granted. RFA No.1713 of 2011 (O&M) -2- It is well settled that a litigant who is coming to the Court on the basis of false averments is not entitled to any relief and is liable to be thrown out at the threshold. In this view of the matter, this appeal is dismissed. September 27, 2011 (RAKESH KUMAR GARG) ps JUDGE