* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) No.912/2014
% 01st October, 2014
SH. RAJPAL ......Petitioner
Through: Mr.Daniel Allen, Advocate.
VERSUS
SMT. PRAKASH DEVI & ORS. ...... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. Of course there is a provision of Article 227 in the Constitution of India, and this Court cannot prevent filing of frivolous petitions, but, courts have to as per the facts of the case pass orders, and which this Court is doing.
2. Challenge by this petition under Article 227 of the Constitution of India is to the impugned order dated 10.7.2014 which has condoned the delay of just 25 days in filing the application to bring on record the legal heirs of the deceased respondent no.1 in the first appeal. By the short impugned order of just about two pages, an application under XXII Rule CM(M)No.912 /2014 Page 1 of 3 3(1) of the Code of Civil Procedure, 1908 (CPC) has been allowed and the legal heirs of respondent no.1 in the appeal have been brought on record.
3. I note that this petition as filed is totally bereft of the requisite pleadings as also the necessary documents filed in the trial court, because, not only the application for bringing on record the legal heirs of respondent no.1 is not filed, even the application which is filed for condonation of delay of 25 days has not been filed.
4. Counsel for the petitioner argues that the application for condonation of delay has been filed one year after filing of the application for bringing on record the legal heirs, but I fail to understand as to how this will make any difference because whenever the application is filed the same still will be an application seeking condonation of delay of 25 days only for bringing on record the legal heirs of the respondent no.1.
5. In fact, the Supreme Court has clearly observed that an application which is filed for bringing on record the legal heirs after the period of 90 days and the subsequent 60 days period in which abatement takes place, that application implicitly will include a prayer to set aside the abatement and condonation of delay and bringing on record the legal heirs i.e an application for bringing on record the legal heirs includes therein the relief for setting CM(M)No.912 /2014 Page 2 of 3 aside the abatement/condonation of delay in brining on record the legal heirs.
6. The object of CPC in not making certain orders appealable, becomes more than abundantly clear from cases such as the present case, and this petition challenging a non-appealable order under Article 227 of the Constitution of India is wholly frivolous to say the least. Dismissed.
VALMIKI J. MEHTA, J OCTOBER 01, 2014 KA CM(M)No.912 /2014 Page 3 of 3