Case Note & Summary
The present application was filed by the applicants, Vikramsinh Kanjibhai and another, seeking condonation of delay of 1537 days in filing an application for amendment of the cause title of the captioned Civil First Appeal No. 1524 of 2022, to show the names of proposed respondents No. 6(1) to 6(3) as heirs of deceased original respondent No. 6, and a delay of 1318 days in filing another application to show the name of proposed respondent No. 7(1) as heir of deceased original respondent No. 7. The impugned judgment and decree dated 05.03.2022 was passed by the learned Senior Civil Judge, Sanand, District Ahmedabad in Special Civil Suit No. 240 of 2017, which arose from an application under Order VII Rule 11 of the Code of Civil Procedure filed by defendant No. 8, which was allowed. The applicants, who were plaintiffs in the suit, preferred the first appeal against that decree. During the pendency of the appeal, original respondent No. 6 and respondent No. 7 died, and the applicants sought to bring their legal heirs on record. The learned advocate for the applicants, Mr. Henil Shah, submitted that the delay was due to the time taken to locate the heirs and that the applicants had no intention to delay the proceedings. The learned advocate for the respondents, Mr. Pranay Shah, opposed the application. The court, after hearing both sides, found that the applicants had shown sufficient cause for the delay and that a liberal approach should be adopted in condoning delay to decide the matter on merits. The court condoned the delay and allowed the applications, directing that the amendment be carried out within two weeks.
Headnote
A) Civil Procedure - Condonation of Delay - Sufficient Cause - Section 5 of Limitation Act, 1963 - Applicants sought condonation of delay of 1537 days and 1318 days in filing applications for amendment of cause title to bring heirs of deceased respondents on record in a pending first appeal - Court held that the delay was sufficiently explained and condoned in the interest of justice, as the applicants had shown bona fide efforts to locate and substitute the heirs - Held that delay should be condoned to avoid multiplicity of litigation and to decide the appeal on merits (Paras 1-4).
Issue of Consideration
Whether the delay of 1537 days and 1318 days in filing applications for amendment of cause title to bring heirs of deceased respondents on record should be condoned.
Final Decision
The court condoned the delay of 1537 days and 1318 days and allowed the applications for amendment of the cause title, directing that the amendment be carried out within two weeks.
Law Points
- Condonation of delay
- Sufficient cause
- Liberal approach
- Substitution of heirs
- Order VII Rule 11 CPC
Case Details
R/Civil Application (For Condonation of Delay) No. 5093 of 2025 in R/First Appeal No. 1524 of 2022
Henil M Shah, Pranay V Shah
Vikramsinh Kanjibhai & Anr.
Kanjibhai Haribhai & Ors.
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Nature of Litigation
Civil application for condonation of delay in filing amendment application to bring heirs on record in a pending first appeal.
Remedy Sought
Condonation of delay of 1537 days and 1318 days in filing applications for amendment of cause title to show names of heirs of deceased respondents.
Filing Reason
The applicants sought to bring on record the legal heirs of deceased original respondent No. 6 and respondent No. 7 in the pending first appeal against the judgment and decree dated 05.03.2022 in Special Civil Suit No. 240 of 2017.
Previous Decisions
The learned Senior Civil Judge, Sanand, allowed an application under Order VII Rule 11 CPC filed by defendant No. 8, resulting in the impugned decree.
Issues
Whether the delay of 1537 days in filing the amendment application to bring heirs of deceased respondent No. 6 should be condoned.
Whether the delay of 1318 days in filing the amendment application to bring heirs of deceased respondent No. 7 should be condoned.
Submissions/Arguments
Learned advocate Mr. Henil Shah for the applicants submitted that the delay was due to the time taken to locate the heirs and that the applicants had no intention to delay the proceedings.
Learned advocate Mr. Pranay Shah for the respondents opposed the application.
Ratio Decidendi
The court held that a liberal approach should be adopted in condoning delay to decide the matter on merits, and that the applicants had shown sufficient cause for the delay.
Judgment Excerpts
Present application is filed with the following reliefs: ... an order may kindly be passed to condone the delay of 1537 days caused in preferring the captioned Application for amendment of the Cause Title of the captioned Civil First Appeal No. 1524 of 2022, by showing the names of proposed Respondents No 6(1) to 6(3) as heirs of deceased Original Respondent No. 6 in the interest of justice;
Procedural History
The impugned judgment and decree dated 05.03.2022 was passed by the learned Senior Civil Judge, Sanand, in Special Civil Suit No. 240 of 2017, allowing an application under Order VII Rule 11 CPC. The applicants preferred First Appeal No. 1524 of 2022 against that decree. During the pendency of the appeal, original respondent No. 6 and respondent No. 7 died. The applicants filed Civil Application No. 5093 of 2025 for condonation of delay in filing amendment applications to bring the heirs on record.
Acts & Sections
- Code of Civil Procedure, 1908: Order VII Rule 11
- Limitation Act, 1963: Section 5
