Back
IN THE HIGH COURT AT CALCUTTA
BIBHAS RANJAN DE
Haroj Ali Sardar – Appellant
Versus
Panna Lal Chandra – Respondent
JUDGMENT :
BIBHAS RANJAN DE, J.
1. Both the applications have been filed with a prayer for condonation of delay in filing the applications under Section 146 of the Code of Civil Procedure.
2. Learned counsel appearing on behalf of the appellant/applicant has submitted that there was delay of 150 days and grounds of delay have been explained in paragraphs 4 and 5 of CAN 6 of 2024 and paragraphs 5 and 6 of CAN 7 of 2024. It is submitted that the Memorandum of Appeal was drafted by the learned counsel relying on the judgment and decree passed by the learned Trial Court and that was an inadvertent mistake on the part of the learned counsel and thereby overlooking the knowledge of death of the respondents Panna Lal Chandra and Kanchan Halder.
3. In both the applications identical grounds were delineated, i.e., drafting the Memorandum of Appeal after perusing the judgment and decree passed by the learned Trial Court.
4. Learned counsel appearing on behalf of the respondents has filed affidavit-in-opposition and by referring to paragraph 5 of CAN 6 of 2024 and paragraph 6 of CAN 7 of 2024 submitted that the appellant had sufficient knowledge prior to filing of the appeal of the death of the re
Delay in substitution applications can be condoned if sufficient grounds are shown, and procedural oversights should not preclude access to justice.
Ignorance of law does not excuse procedural failures; a formal request to set aside abatement is essential when seeking to condone delay in joining legal heirs of deceased litigants.
Merely because the applicant seeking condonation of delay is the Government, no exception can be made.
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.
The main legal point established in the judgment is that the delay in bringing the legal representatives of the deceased defendant on record should be condoned if no prejudice would be caused to the ....
The court emphasized a liberal approach in condoning delays for substituting legal representatives, prioritizing substantial justice over strict adherence to procedural timelines.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
