Back
1994 Supreme(SC) 1167
SUPREME COURT OF INDIA
K. RAMASWAMY AND K. S. PARIPOORNAN, JJ.
Civil Appeal No. 382 of 1980
Decided on 22-11-1994.
Jagannath Chanderbhan Lute and another
Versus
Special Land Acquisition Officer and others.
The court emphasized the importance of adhering to the time limits prescribed by the Limitation Act for filing applications related to the continuation of appeals after the death of a party.
Headnote:
Limitation Act - Substitution of Appellant - The court dismissed the appeal due to inordinate delay in filing the application for substitution after the death of the appellant.
Fact of the Case:
The appellant died, and the application for substitution was filed 12 years and 2 months after the date of death, which exceeded the time limit prescribed by the Limitation Act.
Finding of the Court:
The court found that the inordinate delay in filing the application for substitution led to the abatement of the appeal, and as a result, the entire appeal was dismissed.
Issues: The main issue was the delay in filing the application for substitution after the appellant's death, leading to the abatement of the appeal.
Ratio Decidendi: The court applied the provisions of Articles 120 and 121 of the Schedule to the Limitation Act, 1963, which prescribe the time limit for filing the application for substitution after the death of a party to the appeal.
Final Decision: The appeal was dismissed due to the inordinate delay in filing the application for substitution, leading to the abatement of the appeal.
JUDGMENT
Mr. Mukund Jaganath Lute, appellant No. 2 in C.A. No. 382/80, died on 11-1-1980. The application for substitution was filed on 6-3-1992. Twelve years and two months have passed by from the date of death till the date of making the application. By operation of Articles 120 and 121 of the Schedule to the Limitation Act, 1963 on expiry of 90 days from the date of death, the appeal stands abated unless the abatement is set aside and the application should be filed within 60 days after the expiry of 90 days from the date of death. The application was filed on 6-3-1993. On view of this inordinate delay, it will be difficult to condone the delay and set aside the abatement. In view of the fact that the order is inseparable, the entire appeal stands abated.
2. The appeal is accordingly dismissed. No costs.
Appeal dismissed.
For Citation: 1995 AIR SCW 197
