Case Note & Summary
The petitioner, Sri K.K. Monnappa, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 17.04.2015 passed by the Additional Civil Judge and JMFC, Madikeri, in O.S. No. 113/1999. The trial court had rejected I.A. No. II filed by the petitioner seeking a directive to refer a compromise decree dated 18.06.2001 for registration. The trial court observed that it had no authority to direct registration and that the application was filed after a lapse of 13 years. Aggrieved, the petitioner filed the revision petition on 03.09.2015. However, respondent No. 1 had died on 25.12.2001, and the petitioner failed to implead his legal representatives. The petitioner filed I.A. No. 1/2017 seeking condonation of delay of 5637 days in arraying the legal representatives. The High Court examined whether the petition had abated and whether the delay should be condoned. The court noted that the petitioner was aware of the death but took no steps for over 15 years. The explanation offered was vague and lacked bonafides. The court held that no sufficient cause was shown for condonation, and consequently, the petition abated as against respondent No. 1. Since the rights of the parties were intertwined, the entire petition was dismissed as abated. The court also noted that respondent No. 7 had died and there were no legal representatives. The revision petition was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Abatement of Appeal - Failure to Implead Legal Representatives - Order 22 Rule 4, Code of Civil Procedure, 1908 - Where the appellant failed to implead the legal representatives of the deceased respondent within the prescribed period, the appeal abates as against that respondent. The court held that the delay of 5637 days in filing the substitution application was not sufficiently explained, and therefore the petition abated. (Paras 4-6) B) Civil Procedure - Condonation of Delay - Sufficient Cause - Section 5, Limitation Act, 1963 - The court found that the explanation offered for the delay of 5637 days was vague and lacked bonafides, as the petitioner was aware of the death but took no steps. Held that no sufficient cause was shown for condonation. (Paras 5-6)
Issue of Consideration
Whether the civil revision petition stands abated due to failure to implead the legal representatives of the deceased respondent within the prescribed period, and whether the delay of 5637 days in filing the application for substitution should be condoned.
Final Decision
The civil revision petition is dismissed as abated. No order as to costs.
Law Points
- Abatement of appeal
- Condonation of delay
- Impleadment of legal representatives
- Order 22 Rule 4 CPC
- Section 115 CPC
