1980 INSC 0179
                                                 Jangli and Anothers

                                                           Vs

                                 Deputy Director of Consolidation and Others

                                          Civil Appeal No. 825 of 1980

                                         (P. N. Bhagwati, R. S. Pathak JJ)

                                                      14.04.1980

                                                        ORDER

BHAGWATI, J. ­

1. It appears form the order passed by the Deputy Director of Consolidation that he has
decided the revision application in favour of respondents 4 of 9 on the basis of the decree dated
September 11, 1950 without consideration the merits of the rival claims of the appellants and
respondents 4 to 9. It appears that on September 11, 1950 when the decree was passed Ganesh was
dead and there is nothing to show that the appellants how are his heirs were brought on record
before the decree was passed. The decree was, therefore, clearly null and void and the Deputy
Director of Consolidation was in the circumstances not entitled to rely upon it for the purpose of
rejecting the claim of the appellants, The Deputy Director of Consolidation ought to have
considered the rival claims of the parties on merits without taking into account the decree dated
September 11, 1950.

2. We according allow the appeal, set aside the judgment of the High Court as also the order passed
by the Deputy Director of consolidation and remand the case to the Deputy Director of
Consolidation for the purpose of disposing of the matter before him on merits, ignoring the decree
dated September 11, 1950 as nullity. We may make it clear that in passing the Order we should not
be understood to have expressed any opinion at all on the merits of the case. The case will have to
be disposed of by the Deputy Director of Consolidation on merits in accordance with law. There
will be no order as to costs of this appeal.

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