IN THE SUPREME COURT OF INDIA      CIVIL APPELLATE JURISDICTION

         SPECIAL LEAVE PETITION © NO.6479 OF 2005

     State of Bihar & Anr.                 ----Petitioners

Versus

         Tribeni Devi (D) by LRs. & Ors.        ----Respondents

O R D E R

1.  There has been a delay of 2459 days in filing the application for substitution for bringing  

on record the heirs and legal representatives of respondent Nos. 2 and 3. There has also been  

a delay of 13 days in bringing on record the heirs and legal representatives of respondent  

No.7. So far as the application for substitution for bringing on record the heirs and legal  

representatives of the respondent No.7 is concerned, we find that the delay of 13 days in filing  

the  same  may  be  condoned  and  the  heirs  and  legal  representatives  of  the  deceased  

respondent No.7 be brought on record. The Registry is directed to amend the cause title of  

the Special Leave Petition.  However, considering the facts and circumstances stated in the  

application  for  condonation  of  delay  of  2459  days  to  substitute  the  heirs  and  legal  

representatives  of  the  deceased-respondent  Nos.2  and  3,  we  are  of  the  view  that  the  

statements made in the application for condonation of delay to bring on record heirs and  

legal  representatives  of  respondent  Nos.  2  and  3,  cannot  be  accepted.   That  is  to  say,  

sufficient  cause  was  not  shown  by  the  State  of  Bihar  to  bring  the  heirs  and  legal  

representatives of the deceased-respondent Nos. 2 and 3 on record and also considering the  

fact that the delay was enormous, i.e. 2459 days, which has not been properly explained, we  

do not find any reason to allow the said application even on payment of costs. Accordingly,  

the application for substitution for bringing on record the heirs and legal representatives of  

the deceased-respondent Nos. 2 and 3 is rejected. Since the Special Leave Petition has been

filed  against  the  respondents  and  award  passed  by  the  authorities  in  respect  of  which  

execution case is pending and out of which, civil revision case was filed, which was disposed  

of by the High Court by the impugned order, we are of the view that no useful purpose shall  

be served if the application for condonation of delay in filing the application for substitution  

on the death of the respondent Nos. 2 and 3 is allowed.

2. That being the position, the Special Leave Petition stands rejected on the ground stated  

herein above. However, even on merits, we do not find any ground to interfere with the order  

passed by the High Court in its revisional jurisdiction, by which the High Court has directed  

that for the ends of justice, the period of depositing the amount be extended by 15th of May,  

2004, failing which the executing court was directed to immediately execute the warrant of  

arrest against the Secretary, Water Resources Department, Patna, Bihar and send the same  

to Superintendent of Police, Patna with the direction to execute the same within the time  

specified by the court.  

3.  For the reasons aforesaid, the Special Leave Petition is rejected on the ground of delay as  

well as on merits.  There will be no order as to costs.   

……………………..J.     [Tarun Chatterjee]

New Delhi;         ……………………..J. July 31, 2009.     [R.M.Lodha]