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BIREN VAISHNAV, NISHA M. THAKORE
Dilipbhai Kantilal Patel – Appellant
Versus
Udaji Kanaji Thakor – Respondent
ORDER :
Nisha M. Thakore, J.
ORDER IN CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2020:
1. With the consent and joint request of learned advocates for the respective parties, this matter is taken up for final hearing.
2. We have heard learned advocate Mr. Varun Bharda appearing for Mr. S.P. Majmudar, learned advocate on record for the applicants, learned Senior Advocate Mr. Shalin Mehta appearing with Ms. Aditi Raol, learned advocate on record for opponent nos.6 to 10 and learned Senior Advocate Mr. Anshin H. Desai appearing with learned advocate Ms. Venu Nanavati for opponent no.11.
3. This application is filed by the original appellants/plaintiffs for bringing the legal heirs of the applicant/appellant- Kantilal Joytaram Patel in Civil Application No.1 of 2018 in F/First Appeal No.11156 of 2018 (registered as “R/First Appeal No. 2597 of 2024”). The original appellant- Kantilal Joytaram Patel is reported to have passed away on 04.11.2019 pending the restoration captioned appeal, which stood dismissed for default on 10.04.2018 and was subsequently restored on 29.04.2022.
4. Learned advocate for the applicant has invited our attention to the averments made in the application and has s
The court established that a liberal approach should be taken in condoning delays in procedural matters to ensure that justice is served.
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.
Substitution – Limitation – For setting aside abatement of proceedings, court is supposed to strike a balance – There is no bar to exercise by Court/Tribunal, of its discretion, to condone delay in a....
No specific order for abatement of proceedings under one or other provisions of Order 22 is envisaged and the abatement takes place on its own force by passage of time.
The court emphasized that delay in bringing legal heirs on record can be condoned if satisfactorily explained, promoting substantial justice over procedural rigidity.
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.
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....
Delay/Laches/ limitation - Sufficient cause – Meaning of - The expression ‘sufficient cause’ within the meaning of Section 5 of the Act or Order 22 Rule 9 of the Code or any other similar provision s....
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