UNION OF INDIA Vs. SITA DEVI

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar Verma, learned Assistant Solicitor General for the petitioners and Mr. Suraj Narain Yadav, learned counsel for the opposite party no. 1.

(2.) The petitioners have moved the Court seeking review of the judgment dated 10.04.2017 passed in CWJC No. 576 of 2016 by which mandamus has been issued for grant of Freedom Fighter Pension in favour of the original writ petitioner namely Manager Yadav.

(3.) Learned counsel for the petitioners submitted that the writ petition was heard and judgment reserved on 10.02.2017 and the judgment was delivered on 10.04.2017, but during the period the petitioner Manager Yadav passed away on 28.02.2017. Learned counsel submitted that such fact not having been brought to the notice of the Court and there being no substitution of his heir(s), the judgment passed in favour of a dead person cannot be implemented or enforced. It was submitted that the heir(s) of Manager Yadav were required to move an application bringing such fact to the notice of the Court soon after the death of the writ petitioner or even at the time when the judgment was being pronounced so that the Court could have appropriately considered and dealt with the matter and passed orders accordingly. It was submitted that even on the date of judgment, such fact was not brought to the notice of the Court which finally delivered the judgment on 10.04.2017.