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MINI PUSHKARNA
Sartaj Singh – Appellant
Versus
S. Jagjit Singh – Respondent
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
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, a....
Abatement of an appeal under CPC is not automatic upon death if the right to sue survives; presence of a legal representative allows continuation despite procedural delays.
The court established that a liberal approach should be taken in condoning delays in procedural matters to ensure that justice is served.
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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