• My grandfather was fighting case of property and he died in 1993

My grandfather was fighting case of property and he died in 1993.Judgement was passed in favour of him in 1997. Whether his dependents can claim the property .


in lower court decree passed in favour of my grandfather and opposite questioned in next level court .here decree passed against my grandfather.


My grandfather questioned it in High court and Judgement was passed in favour of him in 1997 after he died in 1993.Upheld the lower court decision.


As his Sons were not aware of this property case, by third party they came to know about this case in 2009 .Judgement was valid for another 6 months ( totally 12years).


Now his Son filed a rit case in lower court and now lower court is asking the reason for delay of 12 years.


As the judgement was given in favour of died person ,it can be considered or what?

Is there in ref case filed after 12 years of judgement.


are there any references cases like this
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) if your grand father died in 1993 were the legal heirs brought on record ? 

2) in other words your father , your grand mother etc continued the case?

3) how could judgement be passed in grand father favour in 1997 ie 4 years after his death unless legal heirs were brought on record ?

4) if judgement was passed in 1997 by HC how is it that you were not aware of case proceedings ?

5) in any case now you have to take the plea that you were not aware of pending case and orders passed in it . it only came to your knowledge in 2009 through third party 

6) affidavit has to be filed explaining period of  delay for taking out execution proceedings 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1)  Supreme Court in the case of  G. Ramegowda,
Major   etc.   vs.   The   Special   Land   Acquisition
Officer, Bangalore, reported in A.I.R. 1998 SC 897
and   submitted   that,   the   expression   ‘sufficient
cause’   in   Section   5   of   the   Limitation   Act   must
receive   a   liberal   construction   so   as   to   advance
substantial   justice   and   generally   delays   in
preferring appeals are required to be condoned in
the interest of justice where no gross negligence
or   deliberate   inaction   or   lack   of   bonafides     is
imputable   to   the   party   seeking   condonation   of
 
delay.

2)  Supreme Court in the case
of State (NCT  of Delhi) vs. Ahmed Jaan, reported
in AIR 2009 SC (Supp) 695  and submitted that, the
expression   ‘sufficient   cause’   should   received   a
liberal   construction.     He   further   invited   my
attention   to   the   judgment   of   this   Court   in   the
case   of  Ghyanchand   s/o   Lalchand   vs.   Municipal
Corporation,   Dhule,   reported   in  2009   (3)   Mh.L.J.
317, and submitted that, the discretion exercised
by   the   Court   in   condoning   the   delay   would   not
ordinarily be disturbed by the Superior Court much
less   in   revisional   jurisdiction   unless   the
exercise   of   discretion   was   wholly   on   untenable
grounds or arbitrary or perverse.
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
The   Supreme   Court   in   the   case   of
Balwant   Singh   (dead)   vs.   Jagdish   Singh   &   others
(supra) in para­13 held thus:  
"The purpose of introducing liberal
construction   normally   is   to   introduce
the concept of 'reasonableness' as it it
understood   in   its   general   connotation.
The   law   of   limitation   is   a   substantive
law and has definite consequences on the
right   and   obligation   of   a   party   to

arise.     These   principles   should   be
adhered   to   and   applied   appropriately
depending on the facts and circumstances
of a given case.  Once a valuable right,
as accrued  in favour of one party  as a
result of the failure of the other party
to   explain   the   delay   by   showing
sufficient  cause  and its own conduct,it
will   be   unreasonable   to   take   away   that
right   on   the   mere   asking   of   the
applicant,   particularly   when   the   delay
is   directly   a   result   of   negligence,
default   or   inaction   of   that   party.
Justice   must   be   done   to   both   parties
equally.  Then alone the ends of justice
can   be   achieved.     If   a   party   has   been
thoroughly negligent in implementing its
rights and remedies, it will be equally
unfair   to   deprive   the   other   party   of   a
valuable right that has accrued to it in
law   as   a   result   of   his   acting
vigilantly.     The   application   filed   by
the   applicants   lack   in   details.     Even
the   averments   made   are   not   correct   and
ex­facie   lack   bona   fide.     The
explanation   has   to   be   reasonable   or
plausible,   so   as   to   persuade   the   Court
to believe that the explanation rendered
is   not   only   true,   but   is   worthy   of
 35 CRA97.05
exercising judicial discretion in favour
of   the   applicant.     If   it   does   not
specify   any   of   the   enunciated
ingredients   of   judicial   pronouncements,
then   the   application   should   be
dismissed.     On   the   other   hand,   if   the
application is bona fide and based upon
true and plausible explanations, as well
as   reflect   normal   behavior   of   a   common
prudent   person   on   the   part   of   the
applicant, the Court would normally tilt
the   judicial   discretion   in   favour   of
such an applicant.  Liberal construction
cannot   be   equated   with   doing   injustice
to the other party.  2004(5) ALL MR (SC)
­ Held per incurium".
.
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1. The High Court has after the demise of your grand father ruled in his favour. So all his legal heirs benefit from the judgment. No appeal was preferred to the Supreme Court against the HC order. 

2. What is the nature of the case filed by his son in the lower court?  The judgment cannot be valid for only 6 months.

3. The rights of your grand father vest in his legal heirs after his demise. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. What do you mean by ''rit''? It is unheard of in legal parlance.

2. What was the nature of the case filed by your grand father and ruled in his favour by the HC? Did the case pertain to a proprietary right of your grand father which had been denied to him?

3. Even if the legal heirs were not on record the rights which accrued to them after the judgment do not diminish. You need no judgments in this regard as after the judgment of the High Court the rights could have been enforced at any time. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) once your grand father dies suit abates unless legal heirs are brought on record 

2) you r advocate had informed your uncle  of the case in 1997 yet your uncle slept over the case papers 

3) so you cant blame the advocate that he had not informed your family of pending case . 

4) in your case your uncle has been grossly negligent in taking out execution proceedings for 12 years . 

5) delay wont be condoned 

6) i have already furnished some SC judgement on delay condonation . sufficient cause has  to be made out for condoning delay 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
You have filed an execution petition in the lower court for execution of the decree passed in favour of your grand father. Limitation for execution of decree is 12 years and it can not be extended beyond that period. Your case ( execution petition ) is therefore not maintainable and therefore Ld. Judge is asking for case laws whether this delayed  period can be condoned. As per Law, the delay can not be condoned. Now it is to be seen from the decree whether there was any observations in the decree which disabled its immediate execution: eg whether the judgment debtor was to perform specific act before decree could be executed?.   
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
Hi, Judgement passed against dead person is not valid you have to file an application to bring the LR'S on record fortunately you have not done.

2. Delay may be condone but it is purely discretion  of the court  but you have to give valid reason for delay but as per law each day of delay has to be explained. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The judgement was passed in favour of the deceased appellant which were not known to his legal heirs,

2. The legal heirs came to know about the said judgement only recently through a third party after which they have filed the execution petition,

3. File a petition explaining the delay,

4. Engage a local lawyer having expertise in this field. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. This is a fit case to win,

2. You have valid ground for the delay,

3. The Judge can not outsource his judgement bthrough you since it is an uniqe case,

4. Even if he refuses to give you relief, you will get relief from High Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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