Case Note & Summary
The case involved a partition suit initiated by the respondents in 1987, resulting in a decree in their favor on 20.11.1992. The father of the appellants filed a regular appeal against this decree in the High Court on 22.02.1993 but passed away on 06.07.2002 while the appeal was pending. The High Court dismissed the appeal as abated on 19.01.2005 after being informed of the father's death. Subsequently, the legal representatives filed an application on 01.05.2006 to set aside the abatement and bring themselves on record, which was dismissed by the High Court. The Supreme Court noted that the legal representatives were unaware of the appeal's pendency and emphasized the importance of allowing parties to contest matters on merits. The court decided to restore the appeal and set aside the abatement, directing the High Court to issue fresh notices and expedite the hearing within eight months. The appeal was thus disposed of favorably for the appellants.
Headnote
A) Civil Procedure - Abatement of Appeal - Legal Representatives - Restoration of Appeal - Code of Civil Procedure, 1908, Order XXII - The court held that legal representatives of a deceased appellant should be allowed to contest the matter on merits unless there is gross negligence. The appeal was pending since 1993, and the legal representatives were unaware of it, justifying the restoration of the appeal and setting aside of abatement (Paras 4-5).
Issue of Consideration
Whether the legal representatives of the deceased appellant could be brought on record and the abatement of the appeal set aside.
Final Decision
The Supreme Court restored the First Appeal No.1233 of 1993 by setting aside the abatement and allowed the legal representatives to be brought on record. The High Court was directed to expedite the hearing of the matter within eight months.
Law Points
- Abatement of appeal
- Legal representatives
- Condonation of delay
- Substantial justice
