It was dismissed, the Court holding that the Union of India had failed to show that it was prevented from any sufficient cause from companytinuing the appeal.
1212/C of 1959 in R.F.A. No.
On May 13, 1958, the widow of Ram Charan applied that she alone was the legal representative of Ram Charan under a will and that the alleged adopted son was number the legal representative.
The affidavit filed in support of this application did number companyvey any further information and it was solemnly affirmed by the dependent that the averments in the affidavit were true to his belief The deponent was numberother than the Divisional Engineer, Telegraphs, Ambala Cantonment.
On March 18, 1958 an application was presented to the High Court on behalf of the appellant under O. XXII, r. 4, read with s. 151, Code of Civil Procedure, stating that Ram Charan died on July 21, 1937, that the Divisional Engineer, Telegraphs, Ambala Cantonment, learnt of his death on February 3, 1958, and that the deceased had left as his legal representatives, an adopted son and a widow.
Appeals by special leave from the judgments and orders dated February 16,26, 1960, of the Punjab High Court in Civil Misc.
The Court ordered the application to be heard at the time of the hearing of the appeal as it was pointed out that there was a difference of opinion in the Court as to whether limitation under 0.
1212 C of 1959 and Regular First Appeal No.
Special leave was prayed for appealing from the judgment of the High Court of Punjab in R.F.A.No.44 of 1955 and C.M. No.
44 of 1955.
Ram Charan died on July 91, 1957.
It was prayed that these legal representatives be brought on record in the place of the deceased respondent.
1212 C of 1959 and Regular First Appeal No.
Ram Charan was represented at the proceedings.
This application was rejected on May 17, 1960.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The order granting special leave said That special leave be and is hereby granted to the petitioner to appeal to this Court from the judgment and order dated 16th day of February, 1960 and 26th day of February, 1960 of the Punjab High Court in Civil Miscellaneous No.
The application, therefore, was really an application for leave to appeal against both the orders.
44 of 1955.
On May 14, 1960, an application for leave to appeal to the Supreme Court was presented to the High Court.
Thereafter, an application for special leave was filed in this Court.
The order states that some application was presented by the Union of India on May 14, and that it was stated therein that the interval between February 3 and March 17.
The appellants application for bringing on record the legal representatives of the deceased Ram Charan came up for hearing on May 14, 1958.
The heading of the application was described to be one for leave to the Supreme Court from the judgment dated February 16, 1960, in C.M. No.
1212 C/59 dated February 16/26 of 1960.
The judgment of the Court was delivered by RAGHUBAR DAYAL J. The facts leading to this appeal, by special leave, against the orders of the high Court of Punjab are these.
On February 6, 1956 the High Court passed an order in companynection with the surety bond.
1115 of 1962.
Veda Vyasa, K. K. Jain, for P.C. Khanna, for respondent.
April 30.
44 of 1955.
It was just stated as a matter of fact that the Engineer had companye to know of the death on February 3, 1958.
It may be pointed out that in the narration of facts the High Court stated that the application dated March 17, 1958, was filed under O. XXII, rr.
R. Prem and P.D. Menon, for the appellant.
A preliminary objection was taken to the effect that the appellant having number applied to the High Court for leave to appeal against the order dated February 26, 1960 in Regular First Appeal, that order had become final and special leave companyld number be asked for from this Court in view of Order XIII, r.2 of the Supreme Court Rules, 1950, the rule being Where an appeal lies to the Supreme Court on a certificate issued by the High Court or other tribunal, numberapplication to the Supreme Court for special leave to appeal shall be entertained unless the High Court or tribunal companycerned has first been moved and it has refused to grant the certificate.
Ram Charan, the sole respondent, filed a cross objection on July 31, 1955.
Ram Charan obtained a decree for money against the Unioun of India on January 6, 1955.
The Union of India presented an appeal on April 6, 1955, in the High Court.
XXII of the Code started from the date of death or from the date of knowledge of death.
The application for substitution came up for decision on February 16, 1960.
Subsequently, on an application on behalf of the legal representatives, it was ordered that the question of abatement be decided first and thereafter the printing of the record be taken on hand.
