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AJOY KUMAR MUKHERJEE
Sandhya Ghosh – Appellant
Versus
Wajed Ali Khan – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J. - Order dated 28.8.2015 passed by the learned Additional District Judge, Contai, Purba Medinipur in Misc. Appeal no. 4 of 2015 has been assailed in the present application under Article 227 of the Constitution of India. By the impugned order, the court below dismissed the appeal which was preferred against the order passed by the learned Civil Judge, Junior Division 1st Court, Contai in connection with Judicial Misc. Case no. 51 of 2013 in Title Suit no. 163 of 2006.
2. On 14th July, 2016, the plaintiff, namely Bishnupada Ghosh filed aforesaid suit for declaration and injunction against the defendants/opposite parties herein. The said suit was filed by the plaintiff/petitioners wherein they inter alia prayed for a decree of declaration and recovery of possession in respect of the "Ka" schedule property. In the said suit, the plaintiff/petitioners filed an application for injunction against the opposite parties but said prayer for injunction was rejected on 10.5.2010 on contested hearing. The appeal was preferred before the appellate court. During pendency of the said Misc. appeal, the sole plaintiff died on 20.12.2011. Thereafter, on 6.9.2013, the
The court affirmed the principle that procedural rules should receive liberal construction to ensure justice is served, specifically in applications for condonation of delay and substitution of legal....
The main legal point established is that the timely filing of applications under Order XXII Rule 4 and Rule 9 of the CPC is crucial, and delay cannot be condoned without sufficient cause. Negligence ....
Delay/Laches/ limitation - Sufficient cause – Meaning of - The expression ‘sufficient cause’ within the meaning of Section 5 of the Act or Order 22 Rule 9 of the Code or any other similar provision s....
A substitution application for a deceased party can be allowed despite delays if sufficient cause is shown, and the absence of formal condonation is not fatal.
Courts adopt a liberal approach in allowing substitution after death of an appellant, emphasizing that ignorance of the appeal's pendency warrants consideration in condoning delay.
(1) Substitution – Limitation – Suit/appeal automatically abates when application to substitute legal representatives of deceased party is not filed within prescribed limitation period of 90 days fro....
Counsel must notify the court of a party's death and provide legal heirs' details; failure leads to abatement under Order 22 Rule 10A of CPC.
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