Case Note & Summary
The present Letters Patent Appeal was filed against the order of the Single Judge dismissing Writ Petition No.3710/2005 for lack of prosecution. The appeal was filed by multiple appellants. During the pendency of the appeal, some of the appellants died. The legal representatives of the deceased appellants filed applications for substitution, but these applications were filed beyond the period of limitation prescribed under the Limitation Act, 1963. The court considered the issue of whether the appeal had abated due to the failure to bring the legal representatives on record within time. The court noted that the applications for substitution were filed after a considerable delay and the explanation offered for the delay was not satisfactory. The court held that the appeal had abated and dismissed the same. The court also observed that the appeal was otherwise devoid of merit.
Headnote
A) Civil Procedure - Abatement of Appeal - Death of Appellant - Failure to Bring Legal Representatives - The appeal abated as the appellants died and their legal representatives were not brought on record within the limitation period. The court held that the application for substitution was filed beyond the prescribed period and no sufficient cause was shown for condonation of delay. (Paras 1-5) B) Limitation - Condonation of Delay - Sufficient Cause - The court found that the explanation for delay in filing substitution application was not satisfactory and the delay was not condoned. (Paras 4-5)
Issue of Consideration
Whether the appeal has abated due to the death of the appellants and failure to bring legal representatives on record within the prescribed period of limitation.
Final Decision
The Letters Patent Appeal is dismissed as abated. The civil application for substitution is also dismissed.
Law Points
- Abatement of appeal
- Condonation of delay
- Legal representatives
- Limitation Act
- 1963
- Order 22 CPC
- Letters Patent Appeal
