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NEENA BANSAL KRISHNA
Sanjay Joshi S/o Late Shri Govind Ram Joshi – Appellant
Versus
Renu Sobti D/o Late Shri B. K. Sobti – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. The present Revision Petition under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC, 1908”) has been filed on behalf of the Petitioners/Appellants-Tenants against the Judgment dated 14.02.2024 passed by the learned Rent Control Tribunal (hereinafter referred to as “RCT”) in RCT ARCT/19/2023.
2. The impugned Judgment dated 14.02.2024 encompasses two Orders whereby, firstly, the Appeal of the Petitioners/Tenants filed against the Order dated 15.10.2019 vide which the Application under Section 5 of the Limitation Act, 1963 (hereinafter referred to as the “Act, 1963”) as well as Application under Order XXII Rule 3 of CPC, 1908 filed by legal heirs of Shri B.K. Sobti (since deceased, represented through his legal heirs), seeking substitution of the legal heirs of Late Shri B.K. Sobti was allowed, and secondly, Order dated 26.08.2023 vide which the Application under Order XLVII Rule 1 read with Sections 114 and 151 of CPC, 1908 filed by the Petitioners herein seeking Review of the Order dated 15.10.2019, had been dismissed.
3. Briefly stated, the Eviction Petition beari
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.
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.
Courts should adopt a liberal approach to substitution and abatement to prioritize substantial justice over procedural technicalities.
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 under the Maharashtra Tenancy and Agricultural Lands Act, 1948, a landlord must follow specific procedures for terminating a tenancy due to non-payment of rent, and tenants....
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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