AIR 2003 SUPREME COURT 2588 ::2003 AIR SCW 2799 ::(2003) 102 DLT 345 ::(2003) 2 CivLJ 14 ::2003 (3) SCC 272 ::(2002) 9 Scale 577 ::2003 (2) All CJ 1356 ::2003 (1) CurCC 80 ::2003 (4) Bom CR 446 ::2003 (2) ICC 32 ::2003 (2) Andh LD 1 ::2003 (2) RajLW 222 ::2003 (1) LandLR 660 ::2003 (1) Supreme 262 ::2003 (1) SLT 267 ::(2003) 1 Andh LT 636 ::2003 (66) DRJ 723 ::2003 (4) SRJ 323

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): G. B. Patnaik, M. B. Shah, Doraiswamy Raju, S. N. Variava, D. M. Dharmadhikari , JJJ

(A) Civil P.C. (5 of 1908) , O.1 R.4, O.22 R.9— Land Acquisition Act (1 of 1894) , S.30— Joint and inseverable decree - Parties joining together in single litigation to vindicate their rights - Decree passed by Court can be said to be @page-SC2589combination of several decrees in favour of one or the other parties - Not as joint and inseverable decree - Claims in assertion of individual rights dealt with together by Court in reference under Land Acquisition Act - Decree passed by Court would be joint and several or separate vis-a-vis individuals or their claims - Abatement of appeal in High Court against one or other of appellants - Would not result in abatement of appeal in entirety or render it liable to be dismissed as not duly or properly constituted or not possible to be proceeded with.R.F.A. Nos. 309 and 310 of 1980 and 356-357 of 1980, D/- 26-2-1991 (Delhi), Reversed. Where the plaintiffs or appellants or petitioners are found to have distinct, separate and independent rights of their own and for purpose of convenience or otherwise, joined together in a single litigation to vindicate their rights, the decree passed by the Court thereon is to be viewed in substance as the combination of several decrees in favour of one or the other parties and not as a joint and inseverable decree. The same would be the position in the case of defendants....