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AJOY KUMAR MUKHERJEE
Pradeep Mehta – Appellant
Versus
Col. Biswajit Bhattacharya (retd. ) since deceased, rep. by Susmita Bhattacharya – Respondent
JUDGMENT :
(Ajoy Kumar Mukherjee, J.)
1. This is an application under Article 227 of the Constitution of the India, preferred against impugned judgment and order dated August 8, 2016 passed by Civil Judge (Sr. Division) 8th Court, Alipore in Misc. Case no. 1 of 2013, arising out of Title Suit no. 15430 of 2011. Petitioner’s case in brief is that the opposite party herein claiming themselves as owner of the suit property, instituted aforesaid suit for eviction against the petitioner in respect of the suit property. The petitioner herein is contesting the suit by filing Written Statement. During pendency of the suit plaintiff no. 1 died on April 30th, 2012. It is alleged on behalf of the petitioner herein/defendant that no step was taken on behalf of the plaintiff no. 2 for causing substitution of the legal heirs of the deceased plaintiff no1 within the prescribed period of limitation and as such the suit abated as against plaintiff no 1 on or about 27th September 2012.
2. It is further contended that ultimately on January 8, 2013 the legal heirs of deceased plaintiff no. 1 filed an application before the court below under Order XXII Rule 9(2) read with section 151 of the Code of Civil
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....
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.
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.
The court emphasized the need for a satisfactory explanation for delay and cautioned against rendering statutory provisions redundant and inoperative.
The court upheld that abatement occurs automatically upon death, and the delay in filing for substitution of legal heirs can be condoned if sufficient cause is shown.
Courts can consolidate interrelated applications for substitution and delay condonation, and procedural rules should not impede the pursuit of justice.
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 ....
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