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Gambhir Singh (Dead) Thrpough Lrs vs State Of U.P.. on 27 August, 2014

Author: Abhay Manohar Sapre

Bench: Abhay Manohar Sapre

  ITEM NO.5                                    COURT NO.7                          SECTION XI

                                    S U P R E M E C O U R T O F               I N D I A
                                            RECORD OF PROCEEDINGS

  I.A. Nos. 7-8, 9-10, 11-12, 13-14, 15-16, 17-18, 19-20 &
  21-22/2012 in Petition(s) for Special Leave to Appeal (C) No(s).
  10843-10844/2008

  (Arising out of impugned final judgment and order dated 11/03/2008
  in CMWP No. 11408/2007,09/04/2008 in SA No. 462/2008 passed by the
  High Court Of Judicature At Allahabad)

  GAMBHIR SINGH & ORS.                                                               Petitioner(s)

                                                          VERSUS

  STATE OF U.P.& ORS.                                                                Respondent(s)

  (For substitution of Lrs. of the deceased respondent and c/delay
  in filing substitution appln. and office report)

  Date : 27/08/2014 These applications were called on for hearing
  today.

  CORAM :
                               HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
                                             [IN CHAMBER]


  For Petitioner(s)                        Mr. Vishwa Pal Singh ,Adv.


  For Respondent(s)                        Mr. Vikas Bansal, Adv.
                                           Mr. Ram Kishore Singh Yadav, Adv
                                           Mr. Ardhendumauli Kumar Prasad, Adv.

                                           Mr. Vinay Garg ,Adv.
                                           Mr. Vishwajit Singh ,Adv.


                           UPON hearing the counsel the Court made the following
                                              O R D E R

I.A. Nos.9-10, 13-14, 17-18 and 21-22 :

These are the applications filed by the petitioners for Date: 2015.01.28 10:37:50 IST Reason: condonation of delay in filing the applications for substitution of Lrs. of Respondent Nos.17, 18, 32 and 35 who died during pendency of these special leave petitions.

I have gone through the grounds stated in the applications. In my opinion it constitutes a bona fide and sufficient cause within the meaning of Section 5 of the Limitation Act for condoning the delay. The condonation of delay always advances cause of justice whereas converse defeats the cause of justice. Indeed it enables the Court to do substantial justice between the parties.

That apart there does not appear any deliberate intention on the part of the petitioners in filing the applications beyond the period of limitation prescribed under the Act and therefore, in my opinion, the delay in filing the applications deserves to be condoned on the grounds stated in the applications which as held to above constitutes sufficient cause.

Accordingly and in view of the aforesaid discussion, the delay in filing the applications is condoned.

I.A. NOS.7-8, 11-12, 15-16 & 19-20 :

These are the applications filed by the petitioners for substitution of Lrs. of Respondent Nos.17, 18, 32 and 35 who are reported to have died during the pendency of these petitions. I have gone through the contents of the applications under consideration.

It is not in dispute as it prima facie appears on mere reading of the contents of the applications that right to sue which is subject matter of these SLPs has devolved upon the proposed legal representatives consequent upon the death of Respondent Nos.17, 18, 32 and 35. In any event, this question can still be gone into if need be, at the time of final hearing of the matters. In view of the foregoing discussion, the applications deserves to be allowed. These are accordingly, allowed. The name of deceased Respondent Nos.17, 18, 32 and 35 be accordingly deleted from the array of parties from the original cause title and in their place, the name of legal representatives be brought on record.

Necessary amendment in the cause title be made in record within two weeks. Amended cause title be served on all the respondents including the newly added respondents. Applications under consideration are accordingly, allowed.

    (Geeta Ahuja)                            (Tapan Kumar Chakraborty)
     Sr. P.A.                                     Court Master