JAGMOHAN Vs. UOI

JUDGEMENT

(1.) This is an application under Order 22 Rule 3 and 9 and Section 152 and 153 read with Section 151 CPC praying for substitution of legal heirs of appellant no.2 in RFA No. 623 of 1988 and to modify and correct judgment and decree dated 25.11.1999 in RFA No. 623 of 1998 to the effect that in the place of deceased appellant No.2, Shri Nihal Singh, the names of his legal heirs as mentioned in para 4 of the application may be substituted. This application was filed on 24.4.2006.

(2.) The learned counsel for the applicants has drawn our attention to an order dated 17.7.98 passed by Division Bench of this Court in CM No. 886-887/98 in RFA No. 212 of 1992 where the substitution of certain appellants had been allowed after the final judgment without any pre condition.

(3.) On the other hand, learned counsel for the respondent has placed reliance on the judgments of this court in Chander v. UOI 122 (2005) Delhi Law Times 517 (FB), Kanwar Singh v. UOI 120 (2005) DLT 348 (DB), order dated 25.8.2005 in CM No. 1765-66 and 3513 of 2005 in RFA No. 107/1986, judgment dated 17.3.2005 in LPA 87 of 1981 and orders dated 10.3.2005 in the same matter. Counsel for the respondents contends that it has been the consistent practice of this Court that where the party seeking relief of enhanced compensation approaches the court late, the interest for the period of delay cannot be awarded to such party.