Case Note & Summary
The dispute arose from a Second Appeal No.25 of 1993 pending before the High Court of Madhya Pradesh, Jabalpur, where the appellants were unaware of the death of the first respondent, which occurred on 28.5.1998. The appellants claimed they were not informed of this death until 1.8.2006, when the counsel for the first respondent notified the court, but the appellants' counsel was absent that day. Consequently, the appeal was dismissed on 9.8.2007 due to abatement, as the legal representatives were not brought on record within the prescribed time. Upon learning of the dismissal, the appellants filed an application to set aside the abatement and restore the appeal, which was dismissed by the High Court on 19.9.2008. The Supreme Court referenced the case of Perumon Bhagvathy Devaswom vs. Bhargavi Amma, highlighting that a lenient view should be taken in such circumstances where there was a significant delay in notifying the death of a respondent. The court found that the appellants had adequately explained the delay and that the High Court should have set aside the abatement. The Supreme Court allowed the appeal, set aside the impugned order, restored the second appeal, and directed the High Court to expedite the disposal of the case.
Headnote
A) Civil Procedure - Abatement of Appeal - Condonation of Delay - Legal representatives - The court held that the appellants were unaware of the first respondent's death and explained the delay in filing the application for setting aside the abatement. The court emphasized the need for a lenient view in such cases, especially when the death was not communicated timely, and allowed the appeal, restoring the second appeal to the High Court (Paras 2-5).
Issue of Consideration
Whether the High Court should have set aside the abatement of the appeal due to the delay in bringing legal representatives on record after the death of the first respondent.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order dated 19.9.2008, restored the second appeal to the file of the High Court, and permitted the appellants to bring the legal representatives of the deceased first respondent on record.
Law Points
- Abatement of appeal
- condonation of delay
- legal representatives
- knowledge of death
- procedural fairness
