The main legal point established in the judgment is the requirement to show 'sufficient cause' for condoning the delay in bringing on record the Legal Representatives (LRs) of the deceased parties, as per the provisions of Code of Civil Procedure, 1908, Order XXII Rule 3, 4, 9.

JUDGMENT

[Physical Hearing/ Hybrid Hearing]

Mini Pushkarna, J. (Oral)

CM APPLs. 52605/2018, 52606/2018, 3365/2019, 9511/2020 & 9512/2020

1. The aforesaid applications have been filed on behalf of applicant, being the son of deceased appellant praying for bringing the Legal Representatives (LRs) of deceased appellant on record with further prayer for setting aside the abatement of appeal and for bringing on record the LRs of the deceased respondent no. 1 and 3(ii).

2. CM No. 52605/2018 is an application for bringing on record the LRs of the deceased appellant.

3. CM No. 52606/2018 is an application for setting aside the abatement of appeal and for condoning the delay in filing the application for bringing on record the LRs of the deceased appellant.

4. CM No. 3365/2019 is an application for bringing on record the LRs of the deceased respondent no. 1 and 3 (ii).

5. CM No. 9511/2020 is an application for condoning delay in filing the application for bringing on record the LRs of the deceased respondents and for setting aside the abatement on that account.

6. CM No. 9512/2020 is an application for taking on record the amended memo of parties.

7. The applications have been filed on behalf of one applicant only, i.e. son of the deceased appellant. When it was brought to the notice of the counsel that the applications were not supported by affidavits of other LRs of the deceased appellant, requisite affidavits of other LRs have been filed subsequently at the time of final arguments of the present applications.

8. It is submitted that the appeal was filed by the deceased appellant through Sh. S.K. Pruthi, Advocate who was looking after the case. Unfortunately, the appellant died on 27.02.2017 and LRs had no knowledge about the filing of the said appeal. It is the case of the applicant that all the papers of the present appeal were in possession of Sh. S.K. Pruthi, Advocate but unfortunately Sh. S.K. Pruthi, Advocate had also died in April, 2011.

9. It is submitted that the applicant was not aware about the filing of the said appeal and also about the death of Sh. S.K. Pruthi, Advocate until 27.10.2018, when the applicant received a telephonic message from the daughter of the said Sh. S.K. Pruthi, Advocate, namely Ms. Nidhi Pruthi. She informed the applicant that the file pertaining to the appeal was lying in the office of late Sh. S.K. Pruthi, Advocate. Thus, the applicant contacted daughter of the deceased Advocate on 28.10.2018 and daughter of the said Advocate handed over the case file to the applicant.

10. It is submitted that the daughter of late counsel, who is also an Advocate, further told that the applicant that he should engage a counsel who is dealing in High court matters. Consequently, the applicant after taking the said file from the daughter of the late Advocate, contacted the present counsel who informed him that the appeal had already abated due to non-filing of the application for bringing on record the LRs of appellant. Steps were taken thereafter to file the present applications. Thus, it is submitted that non-filing of the application for bringing on record the LRs of deceased appellant within time, is neither intentional nor deliberate. It is prayed that the abatement of appeal may be set aside and delay in filing the application for bringing on record the LRs of the deceased appellant, may be condoned.

11. It is submitted that the applicant was advised by the present counsel to confirm whether all the respondents were alive. Thereafter, on 31.10.2018, the applicant contacted respondent no. 2(ii), who informed him that respondent no. 1 had died on 03.01.2015. The said respondent no. 2(ii) also informed the applicant that respondent no. 3(ii) had died. When the applicant contacted the son of the deceased respondent, he came to know that respondent no. 3(ii) had died on 20.06.2007. Thus, applications have been filed to bring on record the LRs of the deceased respondent no. 1 and 3(ii), with prayer for cond