Case Note & Summary
The appellant, Smt M Veena, filed a Miscellaneous First Appeal under Order 43 Rule 1(a) of the Code of Civil Procedure, 1908, challenging an order dated 18.07.2017 passed by the III Additional District and Sessions Judge, Ramanagara, on I.A.No.3 in R.A.No.60/2016. The lower appellate court had dismissed the application filed by the appellant to implead the legal representatives of respondent No.1 (Smt Suma) who had died during the pendency of the regular appeal. The appellant contended that the lower court erred in holding that the appeal had abated without considering the provisions of Order 22 Rule 4 and Order 1 Rule 10 CPC. The High Court observed that the lower appellate court did not examine whether there was sufficient cause for the delay in filing the application or whether the appeal could proceed against the remaining respondents. The court set aside the impugned order and remanded the matter back to the lower appellate court for fresh consideration, directing it to decide the application on merits after hearing all parties. The High Court clarified that it had not expressed any opinion on the merits of the case and that the lower court should dispose of the application within three months.
Headnote
A) Civil Procedure Code - Impleading Legal Representatives - Order 22 Rule 4 CPC - Abatement - The appellant sought to implead legal representatives of deceased respondent No.1 in a regular appeal. The lower appellate court dismissed the application holding that the appeal had abated. The High Court held that the court should have considered whether there was sufficient cause for not bringing the legal representatives on record within time and whether the appeal could proceed against other respondents. (Paras 1-10) B) Civil Procedure Code - Sufficient Cause - Order 22 Rule 9 CPC - Delay in Filing Application - The appellant filed the application after the death of respondent No.1, but the court did not examine the reasons for delay. The High Court set aside the order and remanded the matter for fresh consideration on the question of sufficient cause and abatement. (Paras 8-10)
Issue of Consideration
Whether the lower appellate court erred in dismissing the application for impleading legal representatives of the deceased respondent and whether the appeal had abated.
Final Decision
The High Court allowed the appeal, set aside the order dated 18.07.2017 passed by the III Additional District and Sessions Judge, Ramanagara, on I.A.No.3 in R.A.No.60/2016, and remanded the matter back to the lower appellate court for fresh consideration of the application on merits, after hearing all parties, within three months.
Law Points
- Order 22 Rule 4 CPC
- Order 1 Rule 10 CPC
- abatement of appeal
- impleading legal representatives
- sufficient cause for delay
