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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
G.S. SANDHAWALIA, C.J., RANJAN SHARMA
Union of India – Appellant
Versus
Soman Devi (since deceased) through her legal heirs-Deepak Sharma – Respondent
JUDGMENT :
G.S. Sandhawalia, C.J.
CMP(M) No.227 of 2025
Keeping in view the averments made in the application duly supported by an affidavit, we are of the opinion that sufficient cause has been made out to condone the delay. Therefore, the delay of 407 days in filing the application for bringing on record the LRs of respondent No.1, is condoned.
The application stands disposed of.
CMP(M) No.226 of 2025
2. The present application under Order 22 Rule 4 of the Code of Civil Procedure has been filed to bring on record legal heirs of deceased-respondent [Soman Devi].
3. No reply is intended to be filed to the present application.
4. Keeping in view the averments made in the application duly supported by an affidavit, the application is allowed and legal heirs of deceased- respondent [Soman Devi] are ordered to be substituted as respondents No.I to VII as mentioned in Para 1 of the application.
5. Amended Memo of Parties is taken on record.
The application stands disposed of.
CWP No.767 of 2024
6. Challenge has been laid to the order dated 17.05.2022, passed by the Armed Forces Tribunal, Chandigarh, Regional Bench, Circuit Bench at Shimla, in O.A. No.1298 of 2020, titled as Soman Devi versus Union
The court emphasized that the law of limitation applies equally to all parties, including the government, and failure to act within a reasonable time results in dismissal of claims.
The Union of India cannot challenge tribunal orders after significant delay without valid justification, emphasizing the importance of timely legal action.
Administrative lethargy and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays by state in filing appeals; bona fides and vigilance required.
The State must provide satisfactory reasons for delay in filing petitions; bureaucratic inefficiency is no excuse. Condonation of delay should not undermine the principles of timely justice.
Delay/Latches/Limitation - Latches of 1267 days in filing petition – Latches have not been sufficiently explained - It clear that for almost two years and ten months matter was not at all pursued, ev....
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
Though the Courts are required to weigh scale of balance of justice in respect of both the parties, the said principle cannot be given a total good-bye in the name of liberal approach.
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