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IN THE HIGH COURT AT CALCUTTA
Biswaroop Chowdhury
Kabindra Nath Barman – Appellant
Versus
Md. Badru Hossain – Respondent
| Table of Content |
|---|
| 1. application for substitution due to appellant's death. (Para 1 , 2 , 3) |
| 2. respondent contests substitution application. (Para 4 , 5 , 6) |
| 3. criteria for condoning delay and substitution. (Para 8 , 12) |
| 4. observations on ignorance and delay in substitution application. (Para 9 , 10 , 11 , 13 , 14 , 15 , 16) |
| 5. ordered substitution and dismissal of abatement. (Para 17 , 18) |
JUDGMENT :
Biswaroop Chowdhury, J.
1.An application for substitution filed by the Applicants being CAN-02 of 2025 and application for dismissal of the Appeal on the ground of abatement filed by the respondent was taken up and heard analogously.
2. The respondent in the instant appeal on 4th September 2024 filed an application before this Court for dismissal of the appeal on ground of abatement.
3. It is the contention of the respondent/applicant that the sole Appellant/plaintiff died on 7th April 2021 and no application for substitution is filed although statutory period under the Limitation Act is over. It is further contended that the respondent came to know of the death of the Appellant on the month of January 2024 and upon obtaining death certificate on or about 30th August 2024 he came to Calcutta
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....
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 should adopt a liberal approach to substitution and abatement to prioritize substantial justice over procedural technicalities.
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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