Remedy against execution
Daljit Singh Mann
(Querist) 11 May 2014
This query is : Resolved
A widow of a Government employee filed a civil suit in the Jan. 2008 against State and sought the claim of pension and family pension. Hon'ble trial court decreed the suit in Nov. 2009 and defendants are directed to pay the relief so decreed to the plaintiff. Appeal was not filed against the above said judgment and decree by the concerned official of the state working at that time. Now plaintiff filed a execution petition and Hon'ble court attached the property of the state. My question is whether at this stage, the state can file any appeal or revision in High Court against the judgment and decree passed in 2009 as well as order of attachment passed by the executing court. Please suggest me any remedy in favour of the state along with case law.
Thanks and have a meaningful day.
Lawyer SALEEMA KABEER
(Expert) 11 May 2014
Normally, the answer is no since the time limit for filing appeal was already got expired.
In exceptional cases, if it is proved that the state was obstructed from filing appeal within the stipulated time limit for the no fault of them and if the court satisfied that the condoning the delay in filing appeal is warranted to meet the ends of Justice, then only the appeal could be entertained after condoning the such long delay.
Anand Bali Adv.
(Expert) 11 May 2014
Dear friend,
In this situation only the State can apply for the appeal along with the application for condonation of delay of that much period in the appellate High Court submitting the cause of the delay, which I do not think will be admitted by the court in these circumstances.Next to it the state can only file a SlP challenging the same order of the dismissal by the HC in SC and that also be dismisses on the same grounds, as I presume an order be issued in your favour for the payment and with all pendent elite interest on it and with cost of suit and damages caused to you.
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Rajendra K Goyal
(Expert) 11 May 2014
The time for filing appeal has expired, it can not be filed in normal course.
Devajyoti Barman
(Expert) 11 May 2014
Though time for preferring of appeal has expired, technically the state can prefer appeal if it can explain the delay u/s 5 of the Limitation Act.
However given the extent of delay,it is unlikely to be allowed.
dr g balakrishnan
(Expert) 11 May 2014
first n foremost, why condonation of delay is filed by State initially pls, you cannot play with law too much friend.
Always whenever any one goes for appeal or otherwise one need thoroughly understand the facts of each case facts n then move that is why you need timely proper study;
if SC gets annoyed it might impose fine on the state, so please be careful when you move SLP! IS MY VIEW!
dr g balakrishnan
(Expert) 11 May 2014
i mean why condonation of delay not repeat not filed ?that way read my earlier post? sorry to fail to check my post!pardon me!
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
I agree with the experts opinion on the subject. The state may prefer an appeal with a petition u/s 5 of limitation act to condone the delay especially kn the event of the attachment order, however it is unlikely that the state government will venture into such a thing give the fact that the main issue is not worth following it up, hence may come down agreeing to the court orders.
dr g balakrishnan
(Expert) 14 May 2014
if condonation of delay is not accepted u/s 5 of L.Act to a state ,mostly court does not grant relief to state as it is governance responsibility to know its governance principles, failing which question arises where is the State, that way depending on advocacy of lawyers court might ask state to pay pension as it is fundamental right of a citizen as decided under L Chandrakumar v UOI by supreme court! so widow shd be given pension as it is a property under Art 31 now r/w Art.301, yes she need to move state Administrative tribunal or she can move art 226 writ before high court concerned!
