Case Note & Summary
The Supreme Court considered an appeal by special leave filed by the State of Rajasthan against an order of the Rajasthan High Court which had recalled earlier judicial orders and dismissed an application for condonation of delay in filing an appeal under Section 54 of the Land Acquisition Act, 1894. The dispute arose from land acquisition proceedings for a public purpose in village Desh, Tehsil Sanganer, Jaipur, where a notification under Section 4 of the Rajasthan Land Acquisition Act, 1953 was published on 18-01-1982 acquiring 2570 bighas 15 biswas of land. The Land Acquisition Court determined compensation by award and decree dated 28-07-1992, and the State sought to file an appeal but encountered difficulties obtaining a certified copy of the formal decree. The High Court initially directed production of the decree, later directed the civil court to prepare the decree, but subsequently a different single judge recalled those orders and dismissed the condonation application, holding that the appellant had not explained the delay. The Supreme Court examined the requirements of Order 41 Rule 1 CPC and Sections 26, 53, and 54 of the Land Acquisition Act, 1894. It held that filing of a certified copy of the formal decree is mandatory for an appeal under Section 54 despite the statutory fiction deeming the award to be a decree, and that limitation runs from the date of supply of certified copies, with time taken for obtaining such copies excluded. The Court further held that a single judge has no power to recall earlier judicial orders except by due procedure. Consequently, the Supreme Court allowed the appeal, set aside the impugned High Court order, and remitted the matter for disposal on merits. A companion appeal was disposed of similarly.
Headnote
A) Civil Procedure - Appeals - Requirement of Certified Copy of Decree - Code of Civil Procedure, 1908, Order 41 Rule 1, Section 2(2); Land Acquisition Act, 1894, Sections 54, 26(2) - An appeal under Section 54 of the Land Acquisition Act, 1894 must be accompanied by a certified copy of the formal decree drawn by the civil court; the statutory fiction that an award is deemed a decree does not dispense with the requirement of a formal decree under Order 41 Rule 1 CPC, as there is no inconsistency between the Act and CPC. The High Court had directed the civil court to prepare the decree, but it was initially not supplied despite application; therefore the appeal filed without the decree was not maintainable until the decree was supplied. Held that filing of decree is a pre-condition for taking further steps in the appeal. B) Limitation - Computation of Limitation - Exclusion of Time for Obtaining Certified Copies - Land Acquisition Act, 1894, Section 54; Code of Civil Procedure, 1908, Order 41 Rule 1 - The limitation for filing an appeal under Section 54 begins to run from the date of supply of certified copies of judgment and decree; the time taken by the court to supply such copies must be excluded from computation. Since the decree was prepared on 31-01-1995 pursuant to High Court's order and the memorandum of appeal was already filed, no delay occurred. Held that no delay was brooked in filing the appeal. C) High Court Practice - Recall of Judicial Orders - Power of Single Judge - No provision cited but inherent jurisdiction - A learned single judge of the High Court has no power to recall earlier judicial orders passed by another bench except in accordance with due procedure. The impugned order recalling the orders dated 06-10-1993 and 11-01-1995 was without jurisdiction and illegal. Held that the dismissal of the condonation application was illegal.
Issue of Consideration
Whether an appeal under Section 54 of the Land Acquisition Act, 1894 requires a certified copy of the formal decree drawn in accordance with Order 41 Rule 1 CPC; whether the limitation for such appeal runs from the date of supply of the decree; whether the High Court single judge had jurisdiction to recall earlier judicial orders.
Final Decision
Appeal allowed; impugned order of High Court set aside; matter remitted to High Court for disposal on merits. The companion appeal C.A.9783/95 disposed of similarly.
Law Points
- Limitation for appeal under Section 54 of Land Acquisition Act
- 1894 begins from supply of certified copies of judgment and decree
- time for obtaining copies excluded
- filing of certified copy of decree mandatory under Order 41 Rule 1 CPC
- award deemed decree under Section 26(2) but formal decree still required
- single judge cannot recall earlier judicial orders except by due procedure
