Case Note & Summary
The appeals in this matter were filed before the Supreme Court in 1983, challenging a decree that upheld the validity of a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The decree was common to all the appellants and was indivisible in nature, meaning that the relief sought could not be granted to some appellants without affecting the others. During the pendency of the appeals, the counsel Mr. K.N. Bhat, who had been appearing for the appellants, was designated as a Senior Advocate. As a consequence, the Registry of the Supreme Court issued notices to all the appellants as early as in 1987-88, requiring them to make alternative arrangements for legal representation. These notices were duly served on all the appellants except the second appellant, who was reported to be dead. No legal representatives of the deceased second appellant were brought on record at any stage. When the matter was listed for hearing on 1 November 1995, none of the appellants appeared either through counsel or in person. The Court noted that upon being designated as a Senior Advocate, it is the professional duty of the concerned counsel to intimate that fact to all his clients and request them to make alternative arrangements for engaging another advocate-on-record. The Court clarified that it is no part of the duty of the Court to inform the parties about such changes, although in the present case the Registry had already done so. The Court then addressed the legal consequence of the non-impleadment of legal representatives of the deceased second appellant. It held that because the decree under challenge was common to all the appellants and indivisible, the appeals stood abated against all the appellants, not merely against the deceased appellant. The Court reasoned that the appeal could not proceed in a truncated manner when the subject matter was indivisible. Accordingly, the appeals were dismissed as abated, and no order was made as to costs. The judgment thus turned on procedural grounds without entering into the merits of the land acquisition challenge. It underscored the obligation of parties to diligently bring legal representatives on record in appeals involving common and indivisible decrees, and reiterated the professional responsibility of advocates upon change of status. The dismissal left the impugned decree and the notification under Section 4(1) of the Land Acquisition Act undisturbed. No submissions were made by either side because of non-appearance, and the Court proceeded on the basis of the record and the earlier notices issued by the Registry. The final disposition was dismissal of the appeals with no costs.
Headnote
A) Civil Procedure - Abatement of Appeal - Non-Impleadment of Legal Representatives - Land Acquisition Act, 1894, Section 4(1) - Appeal challenged validity of notification under Section 4(1) of Land Acquisition Act, 1894, and the decree was common and indivisible to all appellants - Second appellant was reported dead but legal representatives were not brought on record; the Court held that the appeals stood abated against all appellants because the decree was common and indivisible - Held that appeals dismissed with no costs (Para 1). B) Legal Profession - Senior Advocate Designation - Professional Duty to Inform Clients - Not applicable - Upon being designated as Senior Advocate, counsel has a professional duty to intimate all clients and request them to make alternative arrangements for engaging another advocate-on-record; it is not the court's duty to inform parties - Held that failure to make alternative arrangements after notice contributed to the appeals being dismissed as abated (Para 1).
Issue of Consideration
Whether the appeals abate against all appellants when legal representatives of a deceased appellant are not brought on record and the decree challenged is common and indivisible; whether the court is obliged to inform parties about the need for alternative arrangements when counsel is designated as Senior Advocate
Final Decision
Appeals dismissed as abated against all appellants; no order as to costs.
Law Points
- Professional duty of designated Senior Advocate to inform clients to make alternative arrangements for advocate-on-record
- Court's registry not obligated to inform parties
- failure to bring legal representatives of deceased appellant on record abates entire appeal if decree common and indivisible
- appeals dismissed with no costs
