Parwati Devi vs The State Of Jharkhand & Ors on 16 March, 2026

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    Jharkhand High Court

    Parwati Devi vs The State Of Jharkhand & Ors on 16 March, 2026

    Author: Sujit Narayan Prasad

    Bench: Sujit Narayan Prasad, Sanjay Prasad

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     LPA No. 376 of 2025
                                          ------
    
    Parwati Devi                                              ... Appellant
                                     Versus
    The State of Jharkhand & Ors.                           ... Respondents
                                     With
                             LPA No. 108 of 2025
    Parwati Devi                                              ... Appellant
                                     Versus
    The State of Jharkhand & Ors.                           ... Respondents
    
    CORAM       : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
                     HON'BLE MR. JUSTICE SANJAY PRASAD
                            ------
           For the Appellant   : Mrs. Nirupama, Advocate
           For the State       : Mr. R.K. Shahi, AC to SC (L&C)-I
           For the A.G         : Mr. Sharon Toppo, Advocate
                               : Mr. Sunil Kr. Agarwal, Advocate
                           ------
    08/Dated: 16 March, 2026
                th
    
    
    
    I.A. No. 5369 of 2025:
    
    

    1. The instant interlocutory application has been filed in LPA No. 376 of

    2025 wherein the appellant prays for ignoring the defect no. 95 and

    SPONSORED

    97 as pointed out by the office.

    2. In defect No. 95 it was stated that address portion of parties is

    incomplete and in defect No. 97 it has been stated that appellant was

    not party in the connected writ i.e. W.P. (S) No. 5834 of 2019.

    3. It has been submitted that the said writ petition has been allowed

    vide order dated 10.10.2022 in favour of the second wife (Jawoni

    Devi/writ petitioner) of the deceased employee and the present

    appellant who is the wife of the deceased employee has not been

    Page 1 of 14
    made party by the writ petitioner, Jawoni Devi and the order was

    passed against the appellant without her presence.

    4. It has been submitted that after knowing about the order passed in

    W.P. (S) No. 5834 of 2019, she had approached this Court for the

    purpose of satisfying her subsisting right/claim by filing W.P.(S) 1605

    of 2023 but the same has been rejected by learned single Judge of

    this Court on the ground that considering the claim of the

    petitioner(appellant herein) will amount to reviewing the order

    dated 10.10.2022 passed in W.P. (S) No. 5834 of 2019.

    5. It has been submitted that the appellant since was not impleaded as

    party in the writ petition being W.P.(S) 5834 of 2019 which was

    preferred by one Jawoni Devi, and therefore, the appellant cannot be

    remediless.

    6. Learned counsel for the appellant therefore has submitted that the

    aforesaid defect may kindly be ignored in the aforesaid pretext.

    7. No material objection has been placed on record.

    8. This Court has heard the learned counsel and after considering the

    admitted fact that an order was passed in a writ petition where the

    present appellant has not been made party by the writ petitioner

    namely, Jawoni Devi, who has claimed the right to get post death

    benefit after the death of the employee as per allegation made by the

    present appellant.

    9. Considering the aforesaid fact, the said defect(s) are hereby ignored.

    10. Accordingly, the interlocutory application being I.A. No. 5369 of

    Page 2 of 14
    2025 stands disposed of.

    LPA No. 376 of 2025 & LPA No. 108 of 2025:

    11. Reference may be made to the order dated 27th February, 2026.

    12. The aforesaid order was passed in the backdrop of the fact that the

    notice was served upon the respondent No. 5 through official

    mechanism of State on 19.01.2026 and the acknowledgement receipt

    of the notice having thumb impression of Jawoni Devi, respondent

    No. 5, has been appended as Annexure-A.

    13. The notice was served upon the respondent on 19.01.2026 but there

    was no appearance of the respondent No. 5. As such, this Court, in

    order to give one more opportunity to the respondent No. 5 for

    putting her appearance, has deferred the matter by directing to be

    listed on 16.03.2026, and thereby, the matter has been posted for

    today. The said order is referred herein which reads as:

    “1. A supplementary counter-affidavit dated 11.02.2026
    has been filed in pursuance of the order dated 12.12.2025
    passed by this court.

    2. It has been stated therein at paragraph no.5 that
    notice has been served to the respondent no.5 through
    official mechanism of the State on 19.1.2026 and to
    support the aforesaid statement the acknowledgement
    receipt of the notice having thumb impression of Jawoni
    Devi, respondent no.5 has been appended as Annexure-A
    thereto. But there is no appearance on behalf of
    respondent no.5.

    3. With a view to give one more opportunity to the
    respondent no.5 for putting her appearance, these
    matters are being deferred to be listed on 16.3.2026.

    4. List these cases on 16.3.2026.”

    14. We have perused the office note and found that there is no

    appearance as yet.

    Page 3 of 14

    15. This Court, therefore, is of the view that the matter is to be

    proceeded by adverting to the merit of the case.

    16. Before proceeding to the issue on merit, it needs to refer herein that

    there are two letters patent appeals being LPA No. 376 of 2025 & LPA

    No. 108 of 2025 were tagged together for analogous hearing,

    17. The reason for filing of the letters patent appeals needs to refer

    herein, the first letters patent appeal being LPA No. 376 of 2025 is

    against the order passed by the writ court in W.P. (S) No. 5834 of

    2019 dated 10.10.2022, in which the appellant namely Parwati Devi,

    was not impleaded as party to the proceeding before the writ court

    and immediately after knowing about the order dated 10.10.2022,

    she had preferred another writ petition being W.P. (S) No. 1605 of

    2023 praying inter alia therein for issuance of direction upon the

    respondent to make payment of death/retiral benefits to the

    petitioner, who happens to be the wife of deceased employee and

    further to fix family pension in her favour with effect from the date of

    the deceased employee.

    18. Learned Single Judge while disposing of the said writ petition has

    dismissed the same vide order dated 21.09.2023 and has held that in

    view of the order dated 10.10.2022 passed in W.P. (S) No. 5834 of

    2019 the direction has already been passed by this Court in the

    subject matter of the LPA No. 376 of 2025, hence no positive

    direction can be passed.

    19. It needs to refer herein that the letters patent appeal being LPA No.

    Page 4 of 14
    108 of 2025 therefore arises out of an order dated 21.09.2023

    passed in W.P. (S) No. 1605 of 2023, and Parwati Devi, being

    aggrieved with both the orders, have preferred the appeal.

    20. It is evident on record that both these appeals, i.e., LPA No. 376 of

    2025 & LPA No. 108 of 2025 have been filed after a delay of 791 days

    and 412 days respectively.

    21. The appellant, for the purpose of condoning the delay in filing both

    the appeals, have filed two separate interlocutory applications being

    I.A. No. 10459 of 2024 in LPA No. 376 of 2025 and I.A. No. 13509 of

    2024 in LPA No. 108 of 2025.

    22. Before entering into merit of the case, this Court is proceeding to

    hear both the said interlocutory applications independently.

    I.A. No. 10459 of 2024 (in LPA No. 376 of 2025):

    23. The instant interlocutory application has been filed under Section 5

    of the Limitation Act for condoning the delay of 791 days which has

    been caused in filing of the appeal.

    24. The ground has been shown at Para 3 thereof that the appellant is a

    tribal lady of 71 years residing in the remote village of Khunti and she

    was not aware of the case because she was not made party to the

    writ petition and she came to know about the order when at village

    level they were informed by the Office.

    25. Further, it has been stated in Para-5 that after came to know about

    the order passed in W.P. (S) No. 5834 of 2019 the endeavour has been

    taken to prefer an appeal, and as such, the delay of 791 days has been

    Page 5 of 14
    caused.

    26. Learned counsel for the appellant has submitted that the delay of 791

    days may be condoned due to the reason that the aforesaid period

    which has caused is not attributable to the appellant, she has not

    been impleaded as party in the W.P. (S) No. 5834 of 2019 even though

    the fact about the right of the present appellant was well-known to

    the writ petitioner.

    27. It has been submitted that if the delay in filing the appeal will not be

    condoned, then the appellant will suffer irreparable loss and injury.

    28. None appears for the State and even no written objection has been

    filed to the interlocutory application by the State.

    29. We have heard the learned counsel for the appellant and gone

    through the explanation furnished in the delay condonation

    application.

    30. We are conscious that the period of delay is not a matter in

    considering the delay caused in filing an appeal before the higher

    forum, rather, the bearing is of sufficient cause and if the cause is

    being shown to be sufficient, then irrespective of the period of delay,

    the delay is to be condoned.

    31. It requires to refer herein that what is the meaning of ‘sufficient

    cause’. The consideration of meaning of ‘sufficient cause’ has been

    made in “Basawaraj & Anr. Vrs. Spl. Land Acquisition Officer”,

    [(2013) 14 SCC 81], wherein, it has been held by the Hon’ble Apex

    Court at paragraphs 9 to 15 hereunder:-

    Page 6 of 14

    “9. Sufficient cause is the cause for which the defendant could
    not be blamed for his absence. The meaning of the word
    “sufficient” is “adequate” or “enough”, inasmuch as may be
    necessary to answer the purpose intended. Therefore, the word
    “sufficient” embraces no more than that which provides a
    platitude, which when the act done suffices to accomplish the
    purpose intended in the facts and circumstances existing in a
    case, duly examined from the viewpoint of a reasonable
    standard of a cautious man. In this context, “sufficient cause”

    means that the party should not have acted in a negligent
    manner or there was a want of bona fide on its part in view of
    the facts and circumstances of a case or it cannot be
    allegedthat the party has “not acted diligently” or “remained
    inactive”. However, the facts and circumstances of each case
    must afford sufficient ground to enable the court concerned to
    exercise discretion for the reason that whenever the court
    exercises discretion, it has to be exercised judiciously. The
    applicant must satisfy the court that he was prevented by any
    “sufficient cause” from prosecuting his case, and unless a
    satisfactory explanation is furnished, the court should not allow
    the application for condonation of delay. The court has to
    examine whether the mistake is bona fide or was merely a
    device to cover an ulterior purpose. (See Manindra Land and
    Building Corpn. Ltd. v. Bhutnath Banerjee
    [AIR 1964 SC 1336] ,
    Mata Din v. A. Narayanan
    [(1969) 2 SCC 770 : AIR 1970 SC
    1953] , Parimal v. Veena
    [(2011) 3 SCC 545 : (2011) 2 SCC
    (Civ) 1 : AIR 2011 SC 1150] and Maniben Devraj Shah v.
    Municipal Corpn. of Brihan Mumbai [(2012) 5 SCC 157 :

    (2012) 3 SCC (Civ) 24 : AIR 2012 SC 1629] .)

    10. In Arjun Singh v. Mohindra Kumar [AIR 1964 SC 993] this
    Court explained the difference between a “good cause” and a
    “sufficient cause” and observed that every “sufficient cause” is
    a good cause and vice versa. However, if any difference exists it
    can only be that the requirement of good cause is complied
    with on a lesser degree of proof than that of “sufficient cause”.

    11. The expression “sufficient cause” should be given a liberal
    interpretation to ensure that substantial justice is done, but
    only so long as negligence, inaction or lack of bona fides cannot
    be imputed to the party concerned, whether or not sufficient
    cause has been furnished, can be decided on the facts of a
    particular case and no straitjacket formula is possible. (Vide
    Madanlal v. Shyamlal
    [(2002) 1 SCC 535 : AIR 2002 SC 100]
    and Ram Nath Sao v. Gobardhan Sao
    [(2002) 3 SCC 195 : AIR
    2002 SC 1201] .)

    12. It is a settled legal proposition that law of limitation may
    harshly affect a particular party but it has to be applied with

    Page 7 of 14
    all its rigour when the statute so prescribes. The court has no
    power to extend the period of limitation on equitable grounds.

    “A result flowing from a statutory provision is never an evil. A
    court has no power to ignore that provision to relieve what it
    considers a distress resulting from its operation.” Thestatutory
    provision may cause hardship or inconvenience to a particular
    party but the court has no choice but to enforce it giving full
    effect to the same. The legal maxim dura lex sed lex which
    means “the law is hard but it is the law”, stands attracted in
    such a situation. It has consistently been held that,
    “inconvenience is not” a decisive factor to be considered while
    interpreting a statute.

    13. The statute of limitation is founded on public policy, its aim
    being to secure peace in the community, to suppress fraud and
    perjury, to quicken diligence and to prevent oppression. It
    seeks to bury all acts of the past which have not been agitated
    unexplainably and have from lapse of time become stale.
    According to Halsbury’s Laws of England, Vol. 28, p. 266: “605.
    Policy of the Limitation Acts.–The courts have expressed at
    least three differing reasons supporting the existence of
    statutes of limitations namely, (1) that long dormant claims
    have more of cruelty than justice in them, (2) that a defendant
    might have lost the evidence to disprove a stale claim, and (3)
    that persons with good causes of actions should pursue them
    with reasonable diligence.” An unlimited limitation would lead
    to a sense of insecurity and uncertainty, and therefore,
    limitation prevents disturbance or deprivation of what may
    have been acquired in equity and justice by long enjoyment or
    what may have been lost by a party’s own inaction, negligence
    or laches. (See Popat and Kotecha Property v. SBI Staff Assn.
    [(2005) 7 SCC 510] , Rajender Singh v. Santa Singh [(1973) 2
    SCC 705 : AIR 1973 SC 2537] and Pundlik Jalam Patil v. Jalgaon
    Medium Project
    [(2008) 17 SCC 448]

    14. In P. Ramachandra Rao v. State of Karnataka [(2002) 4 SCC
    578 ] this Court held that judicially engrafting principles of
    limitation amounts to legislating and would fly in the face of
    law laid down by the Constitution Bench in Abdul Rehman
    Antulay v. R.S. Nayak
    [(1992) 1 SCC 225].

    15. The law on the issue can be summarised to the effect that
    where a case has been presented in the court beyond
    limitation, the applicant has to explain the court as to what
    was the “sufficient cause” which means an adequate and
    enough reason which prevented him to approach the court
    within limitation. In case a party is found to be negligent,
    orfor want of bona fide on his part in the facts and
    circumstances of the case, or found to have not acted diligently

    Page 8 of 14
    or remained inactive, there cannot be a justified ground to
    condone the delay. No court could be justified in condoning such
    an inordinate delay by imposing any condition whatsoever. The
    application is to be decided only within the parameters laid
    down by
    this Court in regard to the condonation of delay. In
    case there was no sufficient cause to prevent a litigant to
    approach the court on time condoning the delay without any
    justification, putting any condition whatsoever, amounts to
    passing an order in violation of the statutory provisions and it
    tantamounts to showing utter disregard to the legislature.”

    32. Thus, it is evident that the sufficient cause means that the party

    should not have acted in a negligent manner or there was a want of

    bona fide on its part in view of the facts and circumstances of a case

    or it cannot be alleged that the party has “not acted deliberately” or

    “remained inactive”. However, the facts and circumstances of each

    case must afford sufficient ground to enable the Court concerned to

    exercise discretion for the reason that whenever the Court exercises

    discretion, it has to be exercised judiciously.

    33. The applicant must satisfy the Court that he was prevented by any

    “sufficient cause” from prosecuting his case, and unless a satisfactory

    explanation is furnished, the Court should not allow the application

    for condonation of delay. The Court has to examine whether the

    mistake is bona fide or was merely a device to cover the ulterior

    purpose as has been held in “Manindra Land and Building

    Corporation Ltd. Vrs. Bhutnath Banerjee & Ors.”, AIR 1964 SC

    1336; “Lala Matadin Vrs. A. Narayanan”, (1969) 2 SCC 770;

    “Parimal Vrs. Veena @ Bharti”, (2011) 3 SCC 545 and “Maniben

    Devraj Shah Vrs. Municipal Corporation of Brihan Mumbai”,

    (2012) 5 SCC 157.

    Page 9 of 14

    34. It has further been held in the aforesaid judgments that the

    expression ‘sufficient cause’ should be given a liberal interpretation

    to ensure that substantial justice is done, but only so long as

    negligence, inaction or lack of bona fides cannot be imputed to the

    party concerned, whether or not sufficient cause has been furnished,

    can be decided on the facts of a particular case and no straitjacket

    formula is possible, reference in this regard may be made to the

    judgment rendered by the Hon’ble Apex Court in Ram Nath Sao @

    Ram Nath Sahu & Ors. Vrs. Gobardhan Sao & Ors., (2002) 3 SCC

    195, wherein, at paragraph-12, it has been held as hereunder:-

    “12. Thus, it becomes plain that the expression “sufficient
    cause” within the meaning of Section 5 of the Act or Order 22
    Rule 9 of the Code or any other similar provision should receive
    a liberal construction so as to advance substantial justice when
    no negligence or inaction or want of bona fides is imputable to
    a party. In a particular case whether explanation furnished
    would constitute “sufficient cause” or not will be dependent
    upon facts of each case. There cannot be a straitjacket formula
    for accepting or rejecting explanation furnished for the delay
    caused in taking steps. But one thing is clear that the courts
    should not proceed with the tendency of finding fault with the
    cause shown and reject the petition by a slipshod order in over-
    jubilation of disposal drive. Acceptance of explanation
    furnished should be the rule and refusal, an exception, more so
    when no negligence or inaction or want of bona fides can be
    imputed to the defaulting party. On the other hand, while
    considering the matter the courts should not lose sight of the
    fact that by not taking steps within the time prescribed a
    valuable right has accrued to the other party which should not
    be lightly defeated by condoning delay in a routine-like
    manner. However, by taking a pedantic and hypertechnical
    view of the matter the explanation furnished should not be
    rejected when stakes are high and/or arguable points of facts
    and law are involved in the case, causing enormous loss and
    irreparable injury to the party againstwhom the lis terminates,
    either by default or inaction and defeating valuable right of
    such a party to have the decision on merit. While considering
    the matter, courts have to strike a balance between resultant
    effect of the order it is going to pass upon the parties either
    way.”

    35. It is evident from the judgments referred hereinabove, wherein,

    Page 10 of 14
    expression ‘sufficient cause’ has been dealt with which means that

    the party should not have acted in a negligent manner or there was a

    want of bona fide on its part in view of the facts and circumstances of

    a case or it cannot be alleged that the party has “not acted

    deliberately” or “remained inactive”.

    36. Adverting to the factual cause shown on behalf of the appellant in the

    instant delay condonation application, this Court in order to come to

    the conclusion as to whether the cause shown at Para 3 and 5 jointly,

    is to be considered or not, has gone through the aforesaid Para(s), for

    ready reference, the same is being referred herein:

    “3. That the Appellant/Petitioner is a widowed tribal

    lady of 71 years reside in remote village of Khunti

    which almost covered in jungle and she was not

    aware of the case because she was not made party to

    the writ application and she came to know about the

    order when at village level they were informed by the

    office.

    ……

    5. That the appellants/petitioner were not aware of

    the fact that the Letter Patent Application has to be

    filed within a stipulated period of time and they came

    to know only when they contacted his lawyer and

    thereafter, they immediately filed the instant Letters

    Patent Application.”

    Page 11 of 14

    37. The admitted fact herein is evident from the record of the W.P. (S) No.

    5834 of 2019 that the present appellant was not arrayed as party to

    the proceedings even though she is claiming that she is the first wife

    of the deceased employee and the fact about the status of the present

    appellant as the first wife of the deceased employee even has not

    been disputed by the writ petitioner in the writ proceedings, the

    respondent No. 5 herein.

    38. This Court, in view of the aforesaid admitted fact, is of the view that

    if a litigant is not a party, having interest upon the lis, and if she

    comes to know about any order said to be of adverse interest to the

    litigant, as the facts of the present case, the delay is to be condoned.

    39. Therefore, this Court is of the view that whatever the grounds have

    been taken in Para 3 and 5 of the interlocutory application, are

    sufficient one to condone the delay of 791 days.

    40. Accordingly, the delay of 791 days in filing of the present appeal i.e.

    LPA No. 376 OF 2025 is hereby condoned.

    41. The interlocutory application being I.A. No. 10459 of 2024 stands

    allowed.

    I.A. No. 13509 of 2024 (in LPA No. 108 OF 2025):

    42. Since the delay of 412 days has been occurred in filing the letters

    patent appeal being LPA No. 108 of 2025, as such, the instant

    interlocutory application has been filed under Section 5 of the

    Limitation Act with prayer to condone the said delay.

    43. The cause of delay in filing the appeal has been shown in Para- 3 & 5

    Page 12 of 14
    of the said interlocutory application.

    44. This Court has already considered the interlocutory application being

    I.A. No. 10459 of 2024 filed in LPA No. 376 of 2025 above and after

    going through the reasons mentioned in the I.A. No. 10459 of 2024,

    said to be sufficient, the said interlocutory application has been

    allowed.

    45. Since the common issues are involved in both these appeals and

    similar reasons are mentioned in the present interlocutory

    application being I.A. No. 13509 of 2024, therefore, the same is being

    allowed and hence disposed of.

    46. Accordingly, the delay of 412 days in filing the instant appeal is

    hereby condoned.

    LPA No. 376 of 2025 & LPA No. 108 of 2025:

    47. Nobody is present to represent the respondent in LPA No. 376 of

    2025.

    48. Mr. Rakesh Kr. Shahi, learned AC to Mr. Ratnesh Kumar, learned S.C.

    (L&C)-I, is present to represent the State in L.P.A. No. 108 of 2025

    and since both the appeals are arising out of same claim, this Court is

    hereby directing Mr. Rakesh Kr. Shahi, learned counsel to represent

    the State in LPA No. 376 of 2025 as well.

    49. Mr. Rakesh Kr. Shahi, learned counsel representing the State had

    sought for three weeks’ time to seek instruction and file counter-

    affidavit.

    50. Learned counsel appearing for the Accountant General Jharkhand

    Page 13 of 14
    waives notice in both the appeals.

    51. Three weeks’ time is given to the learned counsel for the respondents

    to file counter-affidavit.

    52. Learned State counsel is also directed to come with the original

    service record of the deceased employee on the next date of hearing.

    53. List this matter on 7th April, 2026.

    (Sujit Narayan Prasad, J.)

    (Sanjay Prasad, J.)

    16th March, 2026
    Samarth

    Page 14 of 14



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