Case Note & Summary
The case involves a Chamber Summons taken out by the plaintiff (Sunil Gupta) in a suit filed in 1989 for specific performance of an agreement dated 15 January 1981. The original defendant, Nissim Samuel, died on 4 November 1990. The plaintiff, aware of the death, failed to take steps to bring the legal heirs on record for 24 years, resulting in a delay of 8525 days. The plaintiff claimed he mistakenly believed that the legal heirs were already parties because he had filed another suit (Suit No. 2081 of 1991) against them. The court found this explanation insufficient, as the plaintiff was aware of the death and could have taken timely action. The court dismissed the Chamber Summons, holding that the delay was inordinate and the cause shown was not sufficient to condone the delay or set aside the abatement.
Headnote
A) Civil Procedure - Condonation of Delay - Sufficient Cause - Order 22 Rule 9, Code of Civil Procedure, 1908 - The plaintiff sought to condone a delay of 8525 days in bringing legal heirs of the deceased defendant on record, claiming an erroneous impression that they were already parties. The court held that the explanation was not sufficient cause, as the plaintiff was aware of the death and could have taken steps earlier. The application was dismissed. (Paras 1-3)
B) Civil Procedure - Abatement of Suit - Setting Aside Abatement - Order 22 Rule 9, Code of Civil Procedure, 1908 - The court noted that the suit had abated due to the failure to bring legal heirs within the prescribed period. The plaintiff's ignorance of law or mistaken belief does not constitute sufficient cause to set aside abatement. The delay was inordinate and unexplained. (Paras 1-3)
Issue of Consideration
Whether the delay of 8525 days in applying to bring the legal heirs of the deceased defendant on record should be condoned and whether the abatement of the suit should be set aside.
Final Decision
The Chamber Summons is dismissed. The delay of 8525 days is not condoned, and the application to bring legal heirs on record is rejected.
Law Points
- Condonation of delay
- Abatement of suit
- Sufficient cause
- Order 22 Rule 9 CPC
- Limitation Act 1963 Section 5
Case Details
2014 LawText (BOM) (04) 91
Chamber Summons (Lodging) No. 436 of 2014 in Suit No. 3238 of 1989
Mr. Shardul Singh, along with Mr. Varun Mamaniya, instructed by M/s. Economic Laws Practice for the Applicant/Plaintiff No.1; Mr. Jamshed Lentin, instructed by Chandra Naik for the proposed Defendant No. 1 (c); Mr. Snehal Shah, instructed by M/s. Narayanan and Narayanan for proposed Defendant Nos. 1 (a), 1 (d) and 1 (e)
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Nature of Litigation
Civil suit for specific performance of an agreement
Remedy Sought
Plaintiff No.1 sought condonation of delay of 8525 days in taking out Chamber Summons to bring legal heirs of deceased defendant on record and to amend the plaint.
Filing Reason
Plaintiff No.1 filed the suit in 1989 for specific performance of an agreement dated 15 January 1981. The defendant died in 1990, and the plaintiff delayed 24 years in applying to bring legal heirs on record.
Issues
Whether the delay of 8525 days in applying to bring legal heirs on record should be condoned.
Whether the plaintiff has shown sufficient cause for the delay.
Submissions/Arguments
Plaintiff argued that he mistakenly believed the legal heirs were already parties due to another suit filed against them.
Plaintiff relied on Mithailal Dalsangar Singh vs. Annabai Devram Kini for liberal approach to condonation.
Defendants opposed, arguing no sufficient cause for such inordinate delay.
Ratio Decidendi
A mistaken belief that legal heirs are already on record, without any diligent inquiry or timely action, does not constitute 'sufficient cause' for condonation of an inordinate delay of 8525 days under Order 22 Rule 9 CPC. The court must be satisfied that the delay was due to circumstances beyond the applicant's control, not mere negligence or ignorance.
Judgment Excerpts
The reason given by the Plaintiff No.1 in his Affidavit in support of the Chamber Summons for not taking out any proceedings to bring the legal heirs of Defendant No.1 on record in the last 24 years, is that he had also filed another Suit in the year 1991 before this Court being Suit No.2081 of 1991...
He therefore, remained under an erroneous impression that the said legal heirs of Defendant No.1 are also arrayed as parties in the present Suit and therefore, did not pursue the matter at that point of time.
Procedural History
Suit No. 3238 of 1989 filed on 13 October 1989 for specific performance. Defendant No.1 died on 4 November 1990. Plaintiff took no steps for 24 years. Chamber Summons (Lodging) No. 436 of 2014 filed in 2014 to condone delay and bring legal heirs on record. Heard on 21 April 2014 and dismissed.
Acts & Sections
- Code of Civil Procedure, 1908: Order 22 Rule 9
- Limitation Act, 1963: Section 5
