The Allahabad High Court dismissed a highly delayed appeal filed by the State of Uttar Pradesh against a deceased person without impleading his legal heirs.
The Court found this to be a case of “gross negligence,” holding that such a fundamental procedural lapse cannot be overlooked.
It further observed that a delay in filing an appeal cannot be condoned merely because administrative approval was obtained late.
Emphasising the importance of due diligence, the Court ruled that an appeal against a dead person is legally unsustainable in the absence of legal representatives, and rejected the State’s plea for condonation of delay.
[State of U.P. v. Uday Bhan (Deceased) & Anr.]