This order substitutes legal representatives for a deceased respondent and condones procedural delays in two separate matters. It also admits another case on record.
Legal representatives substituted; delay condoned; case admitted; execution stay granted contingent on deposit of award amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(M) No. 1739 of 2019
Mr. O.C. Sharma, Advocate for respondents No. 1 and 2.
CMP(M) No. 1110 and 1111 of 2021
By way of these applications, a prayer has been made to bring on record legal representatives of deceasedrespondent No. 3 as well as for condonation of delay in filing the application and for setting aside the abatement.
Mr. O.C. Sharma, learned Counsel has put in appearance on behalf of proposed legal representatives. He states that no reply is intended to be filed by the proposed legal representatives to the application.
Keeping in view the fact that respondent No. 3, in fact, had died during the pendency of the reference proceedings itself, proposed legal representatives of deceased-respondent No. 3, whose details are given in para-4 of the CMP(M) No. 1110 of 2021, are ordered to be substituted in place of said respondent in the interest of justice as 3(a) to 3(d), to enable them to pursue the cause of deceased-respondent/land owner.
Keeping in view the fact that death of respondent No. 3 had taken place during the pendency of the land reference petition, therefore, no delay can be attributed to the State in bringing on record his legal representatives, thus, it is ordered that
no order is required to be passed on the application under Section 5 of the Limitation Act for condonation of delay in filing the application or on the prayer of setting aside the abatement. The applications stand disposed of accordingly.
CMP(M) No. 1739 of 2021
Notice to the newly added non-applicants. Mr. O.C. Sharma, learned Counsel accepts notice on behalf of newly added non-applicants.
By way of this application, a prayer has been made for condonation of 238 days delay in filing the appeal.
Having heard learned Counsel for the parties and having gone through the averments made in the application, the same is allowed, as prayed for, as this Court is satisfied that delay in filing the appeal is bonafide and not intentional. The application stands disposed of accordingly.
RFA No. _____ of 2021
Be registered.
Heard.
Admit .
Mr. O.C. Sharma, learned Counsel accepts post
admission notice on behalf of the respondents. Amended memo of parties is ordered to be taken on record.
List in due course.
CMPST No. 20592 of 2019
Be registered.
This application is disposed of with the direction that in the event of the entire award amount with up-to-date interest being deposited by the applicants/appellants with the Registry of this Court within a period of eight weeks from today, execution and operation of the award under challenge shall remain stayed.
Copy dasti.
(Ajay Mohan Goel) Judge
December 03, 2021
(narender)
3 issues framed by the court
Whether the court can substitute legal representatives of a deceased respondent during pendency of proceedings in interest of justice.
Whether condonation of delay is required for bringing on record legal representatives when death occurred during pendency.
Whether delay in filing appeal, claim being bonafide, warrants condonation.
Applicants/Appellants
Respondents
Proposed Legal Representatives of Respondent No. 3
Ajay Mohan Goel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
