B.P. Sood vs Gopal Krishan

Dr. Vineet Kothari, J.—This first appeal has been filed by the Government officials, namely, Sh. B.P. Sood, the then Education Commissioner, Education Department, along-with Director of Public Relation Department and the State, against the judgment and decree dated 31.01.1990 passed by learned Additional District Judge, Bikaner, decreeing the respondent/plaintiff's suit claiming compensation. The respondent/plaintiff, Dr. Gopal Krishan S/o. Sh. S.R. Verma, filed the present suit being Civil Suit No. 1/1976 (20/1985)- Dr. Gopal Krishan v. B.P. Sood & Ors. and the same was decreed by the learned Additional District Judge, Bikaner awarding compensation of a sum of Rs. 55,000/- on account of alleged defamatory publication made against the respondent, a Government servant, working in the Education Department in the position of Joint Director and in his extended term after his retirement due on 02.11.1974, he was asked to work up to 30.11.1974 but on 11.11.1974 he was placed under suspension and the publication about his alleged misconduct was made also in the radio and in the newspaper though ultimately, he (Dr. Gopal Krishan) was discharged/exonerated from all such false charges and about such defamatory publication, he claimed this compensation by way of present suit, which was decreed in his favour.

The first appeal was filed against the judgment and decree dated 31.01.1990 by the State and other officials. A coordinate bench of this Court vide the interim order dated 02.01.1991 has granted the following interim order:--

"02.04.91.

Hon'ble Mr. Milap Chandra, J.

Mr. J.P. Joshi, Addl. Advocate General for the appellants.

Mr. N.N. Mathur, for the respondent No. 1.

Heard the learned counsel for the parties on the stay application.

Execution of the decree under appeal is stayed if the appellants deposit the entire decretal amount with cost and interest within three months from today. The Addl. District & Sessions Judge, Bikaner will pay the amount to the decree-holder respondent No. 1 on his furnishing bank guarantee.

Sd/-

(Milap Chandra) J."

Mr. Vikas Balia, learned counsel for the respondent/plaintiff submitted that on 14.02.2011 itself an intimation was furnished by him by filing an application under Order 22 Rule 10A read with Section 151 CPC, that the respondent/plaintiff, Dr. Gopal Krishan, has expired on 16.10.2010 and copy of the death certificate has also been filed along with application. Since, the original application along with death certificate is not available in the case-file, however, the learned counsel for the respondent/plaintiff has again furnished a photostat copy of the said application today, which is taken on record. He, therefore, submitted that in the absence of any steps taken by the appellant on the said application and any efforts made by the appellant State and other officials to bring on record the legal representatives of the deceased plaintiff/respondent and pursue this appeal, the present appeal deserves to be dismissed as having abated.

The matter is listed in today's cause list at serial No. 1 under the caption "Matters listed for disposal in the spirit of Lok Adalat", in a drive taken nation wide for quick and fast disposal of cases to reduce the pendency and the cooperation of the Government counsels cannot be over emphasized, however, no Govt. Counsel has appeared on behalf of appellant- State and other officials. It is indeed unfortunate that the Government counsels do not take the work of Courts seriously and even in the case at hand, which is listed at serial No. 1, after half an hour of waiting and the perusal of the record and with the assistance of the learned counsel for the respondent/plaintiff, no Government counsel has appeared, so far as the present appeal is concerned.

There is no reason to disbelieve the version given by the learned counsel for the respondent/plaintiff that the present appeal has abated. The decreetal sum is said to have been deposited in the satisfaction of the decree granted in favour of respondent/plaintiff, who has also unfortunately expired four years back and no efforts have been made by the appellants to contest the said appeal on behalf of appellants/defendants by bringing the legal representatives of deceased respondent/plaintiff. More so, even the bank guarantee furnished pursuant to the interim order, quoted above, might have expired by now and whether the same has been extended up till now or not, is not available on record.

No useful purpose will be served by keeping this appeal filed by the appellants/defendants pending and this Court is of the opinion that the present appeal deserves dismissal as having abated. The appeal is, accordingly, dismissed. A copy of this judgment/order be sent to the parties concerned and also the Principal Law Secretary and the Chief Secretary of the Government of Rajasthan, Jaipur for information forthwith.