LexUNION OF INDIA versus RAM CHARAN & OTHERS
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3 S.C.R. SUPREME COURT REPORTS UNION OF INDIA v. RAM CHARAN & OTHERS (K. SuBBA R.i.o, RAGHUBAR DAYAL and J. R. MUDHOLKAR JJ.) Abat•mtnl of apptal-Dtath of re•pondent-A.pplicalio11 by apptllant to bri1!Jl legal repreJ<entatives of respondent on rteord- Application fil•a after lapse of thr<e months after death-Whal i• "•uffloient cause"-Limihtion for application to ••t aoide abatement •tarls from dalt of death and not from date of apptl- lant' •knowledge of death-Scope of•. 151 O.P.0.-lndia Limi- tation Act, 1908 (9 of 1908) Art, 171- Oodt of Oillil Procadvro 1908 (Acl. 5 of 1908), 0.22, a. 151, "· 4,9,11. Ram Charan obtained a money decree against the Union of India. An appeal was filed against that decree in the High C'.ourt. Ram Charan respondent died onjuly 21, 1957. On March 18, 1958, an application was filed in the High Court under 0.22, R.4 read with s. 151 of the Code by Civil Procedure stating that the respondent had died on July 21, 1957 and the Di- visional Engineer, Telegraphs, learnt of his death on February 3, 1958 and the deceased had left his widow and an adqpted son as his legal representatives. A prayer was made to bring the legal respresentatives of the deceased on record. The High· Court dismissed the applicati•m on the ground that the appel- lant had failed to show sufficient cause for not bringing the legal representatives of the deceased on record within time. The appeal was also di •missed. In the appeal before this Court, it was contended on behalf of the appellant that the mere ignorance of death of the respondent was sufficient cause for the appellant's inability to apply for the implcading of legal representatives within time unless the appellant was guilty of some negli-:ence or some act or omission which led to delay in his making the application, that once the respondent was served no duty was cast on the appellant to make fmther en- quiries ab<>ut the state of health of the respondent, that expres- sion 'sufficient .cause' should be liberally construed in order to advance the cause of justice, that the Court itself had inherent power to add legal representative• to do justice to the party and" that the High Court misapplied the decision of the Full Bench 191/J Union of lndi2 \. v. Rmn Char•n 468 SUPREME COURT REPORTS [1964] VOL. in Firm Dittu Ram Eyedan v. Om Pres• Co. Ltd. to the facts of the present case. Held that limitation for an application to set aside the abatement of an appeal starts on the death of the respondent and not from the date of the knowledge thereof. Held also that the Court is not to invoke its inherent powers under s. 151 C.P:C. for the purpose of impleadinl! legal representatives of a deceased respondent, if the suit had abated on account of the appellant not appropriate steps within time to bring representatives of the deceased on the record and when its application for setting aside abate- ment was not allowed on account of its failure to satisfy the court that there was sufficient cause for. not impleadin<: the legal representatives <>f the deceased in time and for not apply- ing for setting aside of the abatement within time. He1il also that the expression 'sufficient cause' is not to be liberally construed either because the party in default was. the Government or because the question arose in connection with the impleading of the legal representatives of the deceased res- pondent. The Court should not rea 1ily accept whatever is alleged to explain a way the default. The delay in making the application should not be for reasons which indicate the negli- gence of the party making the applicati0/11 in not taking cer- tain steps which he could have and should have taken. The court has to be satisfied that there were certain valid reasons for the ..applicant not knowing the death within a reasonable time. The bare statement of the applicant is not enough. Firm Dittu Rann Eyedan v. Om Press Co. Ltd. ( 1960) I l.L.R. Punjab. 935 (F.B.), State of Punjab v. Nathu Ram [1962] 2 S.C R. 636 and Jhanda Singh v. Gurmukh Singh C. A. No. 344 of 1956 dated 10.4.62, referred to. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 115 of 1962. Appfals by special leave from the judgments and orders dated February 16,26, 1960, of the Pun- jab High Court in Civil Misc. No. of 1959 . and Regular First Appeal No. 44 of 1955. D.R. Prem and P.D. Menon, for the appellant. j 3 S.C.R. SUPREME COURT REPORTS 469 Veda
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