state of
bihar & anr. v. tribeni devi (d) by lrs. & ors. [2009] insc 1353 (31
july 2009)
Judgment
CIVIL
APPELLATE JURISDICTION SPECIAL LEAVE PETITION ) NO.6479 OF 2005 State of Bihar
& Anr. ----Petitioners Versus Tribeni Devi (D) by LRs. & Ors.
----Respondents ORDER
1.
There has been a delay of 2459 days in filing the application for
substitution for bringing on record the heirs and legal representatives of
respondent Nos. 2 and 3. There has also been a delay of 13 days in bringing on
record the heirs and legal representatives of respondent No.7. So far as the
application for substitution for bringing on record the heirs and legal
representatives of the respondent No.7 is concerned, we find that the delay of
13 days in filing the same may be condoned and the heirs and legal
representatives of the deceased respondent No.7 be brought on record. The
Registry is directed to amend the cause title of the Special Leave Petition.
However, considering the facts and circumstances stated in the application for
condonation of delay of 2459 days to substitute the heirs and legal
representatives of the deceased-respondent Nos.2 and 3, we are of the view that
the statements made in the application for condonation of delay to bring on
record heirs and legal representatives of respondent Nos. 2 and 3, cannot be
accepted. That is to say, sufficient cause was not shown by the State of Bihar
to bring the heirs and legal representatives of the deceased-respondent Nos. 2
and 3 on record and also considering the fact that the delay was enormous, i.e.
2459 days, which has not been properly explained, we do not find any reason to
allow the said application even on payment of costs. Accordingly, the
application for substitution for bringing on record the heirs and legal
representatives of the deceased-respondent Nos. 2 and 3 is rejected. Since the
Special Leave Petition has been filed against the respondents and award passed
by the authorities in respect of which execution case is pending and out of
which, civil revision case was filed, which was disposed of by the High Court
by the impugned order, we are of the view that no useful purpose shall be
served if the application for condonation of delay in filing the application
for substitution on the death of the respondent Nos. 2 and 3 is allowed.
2.
That being the position, the Special Leave Petition stands
rejected on the ground stated herein above. However, even on merits, we do not
find any ground to interfere with the order passed by the High Court in its
revisional jurisdiction, by which the High Court has directed that for the ends
of justice, the period of depositing the amount be extended by 15th of May,
2004, failing which the executing court was directed to immediately execute the
warrant of arrest against the Secretary, Water Resources Department, Patna,
Bihar and send the same to Superintendent of Police, Patna with the direction
to execute the same within the time specified by the court.
3.
For the reasons aforesaid, the Special Leave Petition is rejected
on the ground of delay as well as on merits. There will be no order as to
costs.
..........................J. [Tarun Chatterjee]
..........................J.
New Delhi;
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