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BIVAS PATTANAYAK
Abdul Rahim Molla – Appellant
Versus
Harichhennechha Bibi – Respondent
JUDGMENT :
BIVAS PATTANAYAK, J.
1. This revisional application has been filed by plaintiffs-petitioners under Article 227 of the Constitution of India challenging order No. 58 dated 23rd April, 2021 passed by the learned Civil Judge (Junior Division), 1st Court, Basirhat, 24-Parganas (North) in Title Suit No. 240 of 2014 rejecting the prayer of the plaintiffs-petitioners for substituting legal heirs of deceased plaintiff no. 1 Mojit Molla under Order XXII Rule 3 of the CIVIL PROCEDURE CODE .
2. The brief fact of the case is that the plaintiffs-petitioners filed a suit for declaration and permanent injunction in respect of the suit property against the opposite parties being Title Suit No. 240 of 2014. During pendency of the suit, the plaintiff no. 1, Mojit Molla expired on 10th May, 2020. The plaintiffs-petitioners filed an application on 8th January, 2021 under Order XXII Rule 3 of the CIVIL PROCEDURE CODE for substituting the legal heirs of deceased plaintiff no. 1, Mojit Molla. The said application for substitution was rejected by the learned Trial Court on the ground that it has been filed after the expiry of statutory period prescribed for substitution and the suit has already
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.
A simple prayer for substitution of legal heirs implicitly includes a request to set aside abatement, allowing cases to proceed on merits despite procedural delays.
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....
The court confirmed the allowance of substitution for deceased respondents under procedural rules and addressed delay condonation based on party conduct.
The main legal point established in the judgment is the application of the principles of the Limitation Act, 1963 and the provisions of the Code of Civil Procedure by analogy in proceedings under Art....
Delay in filing for substitution may be condoned if justified, particularly during extraordinary circumstances like a pandemic.
The main legal point established in the judgment is the interpretation of abatement of proceedings under Order XXII of the CPC and the liberal consideration of the prayer for setting aside the abatem....
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