Madhya Pradesh High Court
State Of M.P. vs Smt Geeta Sharma & Anr. on 9 July, 2025
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 SA-120-2004
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
SA No. 120 of 2004
(STATE OF M.P. Vs SMT GEETA SHARMA & ANR. )
Dated : 09-07-2025
Mr. S.S. Kushwaha - Govt. Advocate for appellant / State.
Mr. K.N. Gupta - Senior Advocate, assisted by Mr. J.S. Kaurav -
Advocate for respondent No. 1.
Mr. Ajay Singh Rathore - Advocate for respondent No. 2. Mr. Rajeev Shrivastava - Advocate for L.Rs. of respondent No. 2.
Heard on I.A. Nos. 91/2024 and 90/2024.
2. I.A. No. 91/2024 has been filed under Order 22 Rule 4 CPC mentioning that after the death of respondent No. 2, right to sue survives and lies in the hands of surviving legal heirs of deceased respondent No. 2. Details of legal heirs of respondent No. 2 have not been mentioned in the application. Irony is that this application has not been signed by the government advocate, although the Office of Additional Advocate General, Gwalior has a strength of a total 35 law officers, starting from Addl. Advocate General up to Deputy Government Advocate. Apart from that, a number of panel lawyers are also working, but even a single government advocate did not care to sign this application or to go through this application. The general index of this application is signed by the Tahsildar as well as by the government advocate. Thus, it is clear that the application was prepared and signed by the Tahsildar, and the government advocate has merely signed the general index but did not care to even sign the application.
Signature Not Verified Signed by: ALOK KUMAR Signing time: 09-07-2025 17:10:192 SA-120-2004
3. Whether this conduct of the Office of Addl. Advocate General, Gwalior is proper or not is to be considered by the State, but one thing is clear that the details of legal representatives of respondent No. 2 are not mentioned in I.A. No.91/2024.
4. It is submitted by counsel for appellant / State that a panchanama was prepared by Patwari, which has also been annexed along with this application, and details of legal representatives of respondent No. 2 - Hoshiyar Singh are mentioned in the panchanama, but fairly conceded that it is nowhere mentioned in the application that details of legal representatives mentioned in the panchanama, which has been filed along with the application, be treated as a part of this application.
5. Thus, it is clear that not only the Officers of the State Government, but even the Office of the Addl. Advocate General, Gwalior, is working very negligently and they are not interested in safeguarding the interest of the State Government.
6. Be that whatever it may.
7. Since respondent No. 2 - Hoshiyar Singh was a defendant, and even if the appeal is dismissed as abated against Hoshiyar Singh, still the appeal would not abate.
8. Under these circumstances, although this Court is not satisfied with the manner in which the application is filed, but since even the dismissal of this application will not have any adverse effect on the continuation of this appeal, accordingly, with heavy heart, I.A. No. 91/2024 is allowed .
8. I.A. No.90/2024 is filed for setting aside the abatement along with Signature Not Verified Signed by: ALOK KUMAR Signing time: 09-07-2025 17:10:19 3 SA-120-2004 an application under Section 5 of the Limitation Act.
9. Since State Government has to function through its functionaries and law officers and the conduct of the functionaries of the State and law officers has already been considered in the previous paragraph, thus, this Court is of considered opinion that once the functionaries of the State as well as law officers of the State are not functioning properly, then for their misdeeds or negligent act, State Government cannot be made to suffer, specifically when the entire appeal would not abate.
10. Under these circumstances, I.A. No. 90/2024 is allowed . The abatement of appeal against respondent No. 2 is hereby set aside, and legal representatives of respondent No. 2, which are mentioned in the panchanama filed along with I.A. No. 91/2024, are taken on record.
11. Let necessary amendment be carried out within three working days.
12. Let a copy of this order be sent to the Chief Secretary for necessary information and compliance.
(G. S. AHLUWALIA) JUDGE AKS Signature Not Verified Signed by: ALOK KUMAR Signing time: 09-07-2025 17:10:19