UNION OF INDIA AND OTHERS Vs. RAGHUBIR SARAN

JUDGEMENT

(1.) These are two miscellaneous applications in Civil Misc. Application No. 213/1976, whereby Union of India and others seek a certificate under Art. 133 of the Constitution in proceedings arising out of a petition under Art. 226 of the Constitution. Whereas, the prayer made in the first application is that the name of Sri Raghubir Saran appearing as opposite party in the application for certificate be removed and in his place the name of his heirs and legal representative be substituted, that made in the second application is that the delay in filing the aforesaid application he condoned.

(2.) Sri Raghubir Saran Gupta, the sole opposite party in the aforesaid application for a certificate under Art. 133 of the Constitution, died on 2-7-1975. The applicants, who now want to file an appeal before the Supreme Court moved an application on 30-11-76 praying that the name of the deceased he deleted and that in his place the names of eight heirs and legal representatives mentioned in the application be substituted. He also moved another application on the same date praying that the delay in filing the substitution application be condoned.

(3.) The prayer made by the Union of India and others has been objected to by the heirs of Raghubir Saran primarily on the ground that the substitution application having been filed long after the expiration of period of limitation, the application for the certificate has abated and no ground has been made out either for setting aside the abatement or for condoning the delay in moving the substitution application.