Case Note & Summary
The dispute arose from an appeal filed by the State of Gujarat against the respondent, Sayed Mohd. Baquir El Edross, who passed away on December 10, 1978. Following the respondent's death, the appellant failed to bring the legal representatives on record within the stipulated 90 days, leading to the abatement of the appeal on March 11, 1979. An application was made on August 29, 1979, to set aside the abatement, but it was not accompanied by an affidavit explaining the delay. The court noted that the clerk of the appellant's counsel had been served with a copy of the application regarding the respondent's death on February 23, 1979, yet no action was taken until much later. The court emphasized that the knowledge of the respondent's death was attributable to the appellant and that the negligence in not moving the court in time was deemed to be that of the appellant. The counsel for the appellant argued for the condonation of the delay, citing a strong case on merits; however, the court found no sufficient cause for condonation. Consequently, the court dismissed the appeal, stating that the abatement prevented the appeal from being heard on its merits.
Headnote
A) Civil Procedure - Abatement of Appeal - Right to Sue - The right to sue survived to the legal representatives of the deceased respondent. - Civil Procedure Code, Order XXII, Article 121 of the Limitation Act, 1963 - The appeal abated due to failure to bring legal representatives on record within the prescribed time limit, and the application to set aside the abatement was time-barred. Held that the abatement stands in the way of the appeal being heard on merits (Paras 1-2).
Issue of Consideration
Whether the abatement of the appeal could be set aside despite the delay in bringing legal representatives on record.
Final Decision
The Supreme Court dismissed the appeal, holding that the abatement stood in the way of the appeal being heard on merits and no sufficient cause for condonation of delay was established.
Law Points
- Abatement of appeal
- Limitation for legal representatives
- Survival of right to sue
- Condonation of delay
