Case Note & Summary
The dispute arose from a suit for ejectment filed by the Municipal Council against three defendants. The trial court decreed the suit, and upon appeal, the first defendant died, leading to his legal representatives being brought on record. The first appellate court rejected the appeal, prompting the legal representatives to file a second appeal in the High Court, which was pending for over a decade without hearing dates. One of the legal representatives died in 1996, and in 2003, applications were filed to set aside the abatement and condone the delay in bringing the legal representatives of the deceased third appellant on record. The High Court rejected these applications, leading to the current appeal. The Supreme Court noted that the appellants believed it unnecessary to bring the third appellant's LRs on record due to the presence of other LRs. The court referred to established principles regarding condonation of delay and setting aside abatement, as articulated in previous judgments. It concluded that the delay should be condoned, the abatement set aside, and the LRs of the deceased third appellant allowed on record. The Supreme Court set aside the High Court's orders and requested expedited hearing of the restored appeal within six months.
Headnote
A) Civil Procedure - Condonation of Delay - Delay in bringing LRs on record - Code of Civil Procedure, 1908, Order 22, Rule 4 - The court held that the delay in bringing the legal representatives of the deceased third appellant should be condoned as the other appellants were under the bonafide impression that it was unnecessary due to the presence of other LRs on record. The court set aside the order rejecting the application for condonation of delay and allowed the application for setting aside abatement (Paras 5-5).
Issue of Consideration
Whether the delay in bringing the legal representatives of a deceased party on record should be condoned and the abatement set aside in a pending second appeal.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the High Court dated 27.7.2005 and 13.12.2006, condoned the delay, set aside the abatement, and permitted the appellants to bring the LRs of the deceased third respondent on record. The court requested the High Court to expedite the hearing of the restored appeal within six months.
Law Points
- Condonation of delay
- Setting aside abatement
- Legal representation of deceased parties
